Defendant was convicted, after bench trial, of second-degree murder. Court erred in denying Defendant's motion to suppress text message obtained after warrantless search of his cell phone; officer stated that he took Defendant's cell phone to try to find way to contact his family members as he had sustained gunshot wounds, and saw a text message. Cell phones implicate privacy concerns far beyond those implicated in searches of objects such as purses or wallets. Given that Defendant's privacy interest in his cell phone was so substantial, officer's actions in searching phone to contact family members do not fall under the community caretaking exception, as officer had less intrusive means at his disposal for same task. No showing of exigent circumstances to justify search. (HOUSE and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure