P. v. Johnson CA2/1
Jurors convicted defendant Leo Jerome Johnson of two counts of second degree murder, each with a firearm enhancement. The focus of this appeal is whether the trial court should have suppressed cell phone location and text messages obtained on the basis of a search warrant affidavit that not even the prosecutor defended with any gusto. Because most of this cell phone evidence inevitably would have been discovered, and admission of the remaining cell phone evidence was harmless error, we affirm the judgment of conviction. Although we affirm, this case serves as a reminder to law enforcement and the trial courts to scrutinize search warrant affidavits carefully in light of the important role they serve in protecting against unconstitutional searches and seizures.
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