{"id":58877,"date":"2024-09-12T08:57:25","date_gmt":"2024-09-12T13:57:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58877"},"modified":"2024-09-12T10:03:09","modified_gmt":"2024-09-12T15:03:09","slug":"tn-def-opened-door-to-admit-suppressed-cell-phone-evidence-by-the-one-question-too-many","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58877","title":{"rendered":"TN: Def opened door to admit suppressed cell phone evidence by asking the one question too many"},"content":{"rendered":"\n

Defendant successfully kept out cell phone tracking records for lack of probable cause. \u201cHowever, during trial, based on defense counsel’s question of whether there was any \u2018physical evidence\u2019 connecting Defendant to the case, the trial court ruled that Defendant opened the door, and allowed the admission of the cell site location data.\u201d Admitting it was not an abuse of discretion. State v. Griffin<\/a>, 2024 Tenn. Crim. App. LEXIS 398 (Sep. 9, 2024).<\/p>\n\n\n\n

Defendant\u2019s interview with the police while a search warrant was being executed at this house was not \u201cpolice dominated.\u201d He wasn\u2019t arrested when it was done. United States v. Hollis, 2024 U.S. Dist. LEXIS 162756 (D. Minn. July 26, 2024).*<\/p>\n\n\n\n

Probable cause was shown for defendant\u2019s cell phone at his house: \u201cThe affidavit in support of the search warrant sufficiently establishes probable cause that evidence of a crime will be found in the apartment to be searched. Phone records and surveillance establish that Defendant’s phone and vehicle were in the vicinity of the murder immediately after the murder occurred. Records and surveillance then establish Williams and Defendant met shortly thereafter and then Williams discarded items taken from Armstead. Several items from the murder were still missing, including the murder weapon. The logical conclusion is that Defendant may still be in possession of those items, and those items could be found at his residence.\u201d United States v. Lindsey, 2024 U.S. Dist. LEXIS 162747 (E.D. Mo. Aug. 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant successfully kept out cell phone tracking records for lack of probable cause. \u201cHowever, during trial, based on defense counsel’s question of whether there was any \u2018physical evidence\u2019 connecting Defendant to the case, the trial court ruled that Defendant opened … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[124,5,117,20],"tags":[],"class_list":["post-58877","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-cell-phones","category-custody","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58877","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58877"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58877\/revisions"}],"predecessor-version":[{"id":58881,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58877\/revisions\/58881"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58877"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58877"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}