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?

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 .]

Troy, sent you a brief written by one of Stride's able people. It may help.

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?

Would y'all mind sending me a copy or link to that brief?

A copy is on its way.

Catherine Luft

Can we also get a copy of that brief?

I'd like to see the brief too.

ralpert@tarrantcounty.com

I'd like to receive a copy of the brief also.

dlewis@lakewoodco.org

Why not post the brief for downloading by anyone?

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.

Would you please send me the brief too.Have a similar case with gang members/ drug dealer's phones.

Please send me a copy of the brief too

Sounds like you should put the brief on eBay and sell it to the highest bidder.

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

Can I have a copy, too? e.hernandez@wallercotx.com

Let me say, me too please!

Can I get a copy of that also? Rebecca_Gibson@co.midland.tx.us

Thanks!

Can you send me one too please...ramirrod(NO SPAM)@co.fort-bend.tx.us

Me too, please?

jwestbrook(NOSPAM)@navarrocounty.org