ID: State didn’t preserve independent source issue below so it can’t argue it on appeal

A motion to suppress cell phone contents was granted, and the state appealed. At trial, it cited a case without stating the holding that was an independent source case, and that’s not enough. In addition, the state didn’t litigate independent source below, and it thus waived for appeal. Affirmed. State v. Wolfe, 2019 Ida. LEXIS 120 (July 11, 2019).

Defense counsel wasn’t ineffective for not moving to suppress the search of cell phone for information about calls where defendant admitted calling a victim after the offense. On the totality, however, there was probable cause for the warrant’s issuance. One case defendant relies on was decided two years after the search. State v. Cannon, 2019 Del. Super. LEXIS 324 (July 9, 2019).*

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