cellphonedork
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This is being tested in Aspen CO as well. A man left his unlocked iPhone in the bathroom of a gas station. This was after he inadvertently locked the door behind himself and the clerk did not have the time to open the door at that point due to customer volume. When the clerk did open the door, he called the local police. The man also called to collect his phone multiple times. The police searched the phone and found txt on it related to drugs. Police got a warrant and raided his house. They found drugs. Man gets arrested. His lawyer claim that he left his phone in custody of clerk, while police say he abandoned his phone (and expectation of privacy) by leaving said phone at gas station. We'll see what happens.
Schutter defense: Suppress text messages
Schutter defense: Suppress text messages