The trial court did not apply the beyond a reasonable doubt standard to the search, contrary to the state’s argument. It did apply the preponderance standard, and the record supports its finding that the state failed to show probable cause for the search. His “post-arrest conduct, however, cannot support a finding of obstruction where the initial arrest lacked probable cause.” “Given the record before us, we must conclude that the State failed to demonstrate probable cause for Bizzard’s arrest. And because of this failure, we must find that the search of Bizzard’s person following the arrest was unlawful.” State v. Bizzard, 2020 Ga. App. LEXIS 605 (Oct. 23, 2020).
Obtaining defendant’s CSLI prior to Carpenter was reasonable. A search warrant was also obtained for the same information after Carpenter. There was also probable cause for obtaining the CSLI. Commonwealth v. Davis, 2020 Pa. Super. LEXIS 885 (Oct. 23, 2020).*