Earlier this month, a state appellate court issued a written opinion in a Massachusetts homicide case discussing the defendant’s motion to suppress evidence that was obtained from a cell phone that was in his pocket when he was arrested. Ultimately, the court concluded that while police officers legally seized the phone, they conducted an illegal investigatory search of the phone when they used it for “investigative purposes.”
According to the court’s opinion, the defendant was arrested on suspicion of murder. On the day of his arrest, the defendant had a cell phone in his pocket. The defendant’s brother and father went to the police station to give statements to detectives. The first question the detective asked the defendant’s brother was whether he had a cell phone. The brother responded that the defendant had his phone.
The detective continued to question the brother about the phone, asking for the code to unlock it. The defendant’s brother provided the correct code, and the detective unlocked the phone. The detective then asked additional questions about the phone, including how the phone’s screen got cracked. The defendant’s brother also told detectives he got the phone new about a year before, he gave them the phone number, and told them that the defendant used the phone “all the time.” Detectives then asked the defendant’s brother for consent to search the phone, which was given. Detectives discovered a video of the defendant discussing his role in the murder.