September 28, 2009, 16:11
troy wsearch of cell phone incident to arrest
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?
September 28, 2009, 16:28
David NewellJohn 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 .]
September 29, 2009, 08:55
JohnRTroy, sent you a brief written by one of Stride's able people. It may help.
September 29, 2009, 12:00
troy wi'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?
October 08, 2009, 11:41
amymWould y'all mind sending me a copy or link to that brief?
October 09, 2009, 20:49
oeCan we also get a copy of that brief?
October 09, 2009, 21:15
Richard AlpertI'd like to see the brief too.
ralpert@tarrantcounty.com
October 09, 2009, 23:26
Don L.I'd like to receive a copy of the brief also.
dlewis@lakewoodco.org
October 10, 2009, 09:11
JBWhy not post the brief for downloading by anyone?
October 13, 2009, 16:47
SteveI'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.
October 14, 2009, 21:15
Martha W. WarnerWould you please send me the brief too.Have a similar case with gang members/ drug dealer's phones.
October 15, 2009, 09:02
rkPlease send me a copy of the brief too
October 15, 2009, 09:21
JBSounds like you should put the brief on eBay and sell it to the highest bidder.
October 15, 2009, 09:48
cluftI'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
October 15, 2009, 10:33
e sainzCan I have a copy, too? e.hernandez@wallercotx.com
October 19, 2009, 02:03
schLet me say, me too please!
October 19, 2009, 16:09
RGibsonCan I get a copy of that also? Rebecca_Gibson@co.midland.tx.us
Thanks!
October 20, 2009, 08:33
RRCan you send me one too please...ramirrod(NO SPAM)@co.fort-bend.tx.us
October 20, 2009, 09:20
JohnWMe too, please?
jwestbrook(NOSPAM)@navarrocounty.org