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In a murder case, police seize a cell phone incident to arrest of the defendant. the phone was on the nightstand next to defendant's bed. police think evidence related to murder is on cell phone. they look and find text messages and phone calls between parties to the murder and a video of the defendant firing the murder weapon.

per U.S. v. Finley 477 f.3d 250, a search of cell phone text messages incident to arrest is permissible, but that is a drug case.

anyone had this issue with a crime a violence or know of any texas cases on point?
 
Posts: 52 | Location: meridian, texas | Registered: March 05, 2009Reply With QuoteReport This Post
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John Rolater and John Stride know this issue VERY well.

P.S.--I tried to e-mail you something on this, but I don't know if you got it.

[This message was edited by David Newell on 09-29-09 at .]
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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Troy, sent you a brief written by one of Stride's able people. It may help.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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i've received the brief. thank you. would someone let clay abbot know that i took his advice and made a pest of myself on the forum?
 
Posts: 52 | Location: meridian, texas | Registered: March 05, 2009Reply With QuoteReport This Post
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Would y'all mind sending me a copy or link to that brief?
 
Posts: 5 | Location: El Paso, Texas | Registered: October 08, 2009Reply With QuoteReport This Post
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A copy is on its way.

Catherine Luft
 
Posts: 5 | Location: Denton, Texas | Registered: July 31, 2008Reply With QuoteReport This Post
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Can we also get a copy of that brief?
 
Posts: 17 | Location: Rio Grande City, TX, U.S. | Registered: November 08, 2005Reply With QuoteReport This Post
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I'd like to see the brief too.

ralpert@tarrantcounty.com
 
Posts: 261 | Location: Fort Worth, Texas | Registered: February 21, 2001Reply With QuoteReport This Post
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I'd like to receive a copy of the brief also.

dlewis@lakewoodco.org
 
Posts: 1 | Location: United States | Registered: October 09, 2009Reply With QuoteReport This Post
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Why not post the brief for downloading by anyone?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I'd like copy of brief, too. Also need info on how to prove up text messages received from out of state phone company. In response to search warrant, phone company e-mailed text messages and subscriber info to my investigator's (affiant) computer.Predicate questions to admissibility? Objections likely to encounter? Thanks to anyone with guidance.
 
Posts: 1 | Location: Daingerfield, TX USA | Registered: June 14, 2005Reply With QuoteReport This Post
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Would you please send me the brief too.Have a similar case with gang members/ drug dealer's phones.
 
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001Reply With QuoteReport This Post
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Please send me a copy of the brief too
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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Sounds like you should put the brief on eBay and sell it to the highest bidder.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I've sent copies out to those who requested them. Rebecca, yours was returned. Another email address? Oe, I need your email address.
I hope the brief helps.

catherine.luft@dentoncounty.com
 
Posts: 5 | Location: Denton, Texas | Registered: July 31, 2008Reply With QuoteReport This Post
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Can I have a copy, too? e.hernandez@wallercotx.com
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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Let me say, me too please!
 
Posts: 128 | Location: TX | Registered: March 05, 2003Reply With QuoteReport This Post
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Can I get a copy of that also? Rebecca_Gibson@co.midland.tx.us

Thanks!
 
Posts: 8 | Location: Midland, TX, USA | Registered: August 28, 2008Reply With QuoteReport This Post
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Can you send me one too please...ramirrod(NO SPAM)@co.fort-bend.tx.us
 
Posts: 9 | Registered: October 05, 2006Reply With QuoteReport This Post
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Me too, please?

jwestbrook(NOSPAM)@navarrocounty.org
 
Posts: 137 | Location: Corsicana, TX | Registered: May 10, 2003Reply With QuoteReport This Post
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