People v. Davis

Defendant was convicted, after jury trial, of unlawful possession of controlled substance with intent to deliver and driving while license revoked. Detective testified that he searched through recent text messages on Defendant's cell phone during interview with Defendant, and testified that Defendant received shortly after traffic stop: "Can you meet me for a 30 or a 40?", consistent with someone trying to buy $30 or $40 worth of crack cocaine. Best evidence rule did not apply, as State did not seek to prove content or terms of text, but used text as circumstantial evidence of intent to deliver crack cocaine. Text was not hearsay, as not offered for truth of matter asserted. No ineffective assistance of counsel for failure to file motion to suppress evidence from cell phone, as U.S. Supreme Court case of Riley v. California, declining to extend search-incident-to-arrest exception to include searches of data on cell, had not yet been decided at time of trial, and motion would likely have failed.(HOLDER WHITE and STEIGMANN, concurring.)