Defendant’s cell phone search was based on a statement in violation of Miranda, and it must be suppressed. When the affidavit for the search warrant for defendant’s CSLI has the information removed that was the product of that search, there is no nexus for the cell phone or the CSLI information. Commonwealth v. Vasquez, 2019 Mass. LEXIS 505 (Aug. 28, 2019).
“Here, defense counsel’s assertion of an inappropriate argument in support of the belated suppression motion, and counsel’s complete failure to challenge the admissibility of physical evidence seized from the defendant’s home based on the Miranda violation … prejudiced the defendant and rendered counsel’s representation ineffective ….” People v. Corchado, 2019 NY Slip Op 06408, 2019 N.Y. App. Div. LEXIS 6391 (2d Dept. Aug. 28, 2019).*