State v. Schubert
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The Supreme Court reversed the opinion of the the court of appeals affirming the trial court's denial of Defendant's motion to suppress evidence recovered as a result of a constitutionally-defective search warrant, holding that the good-faith exception to the exclusionary rule did not apply to the search of cell phones in this case.
At issue was a constitutionally-deficient search warrant authorizing the search of cell phones found at the scene of a car crash. Nothing in the affidavit connected the cell phones to the accident except a police officer's averment that evidence of how the accident occurred may be found on the phones. The court of appeals affirmed the denial of Defendant's motion to suppress for lack of probable cause, upholding the cell-phone search under the good faith exception to the exclusionary rule. The Supreme Court reversed, holding (1) the warrant was constitutionally defective for want of probable cause in the warrant's supporting affidavit; and (2) the good-faith exception to the exclusionary rule did not apply.
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