GA: Downloading entire cell phone in rape case where time line and text messages were only issues wasn’t prejudicial

Defendants were arrested for kidnapping and raping an unconscious woman they took out of a Savannah nightclub, and they were caught in the act when a bystander called the police. Police seized one cell phone after the interrogation and got a search warrant for the phone because he claimed he was texting his girlfriend from the front seat while the rape was going on in the back seat of the car. The search of the cell phone was reasonable. Defendant also raised that the search warrant was overbroad because it authorized search of the entire contents. The officers, however, knew exactly what they were looking for and focused only on that. The computer forensics witness testified at trial there was a complete download of the phone, but they only bothered with that which related to the time around the crime. The phone search was in 2014, and defendant doesn’t show that it was possible then to only download part of the phone. Here, the issue arises from an ineffective assistance of counsel claim, and defendant doesn’t show that the result would be different if a more specific Fourth Amendment challenge had been made. [Also, even if there was an over-search, the narrowing of the actual search for trial, the usual remedy, showed no prejudice.] Reyes-Castro v. State, 2019 Ga. App. LEXIS 530 (Sept. 25, 2019).

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