Jon Jeffress and Adam Zurbriggen Win a Key Suppression Motion about Cell Phone Evidence
KaiserDillon partner Jon Jeffress and associate Adam Zurbriggen won a motion to suppress before United States District Court Judge Reggie Walton in the federal district court in Washington, D.C. With less than two weeks to go before trial, Judge Walton agreed with KaiserDillon attorneys that the government violated our client’s rights by searching his cell phone.
Our client – while being interviewed by law enforcement before he had a lawyer – told the agent that he could access his cell phone to obtain a video that he had previously recorded, and to review the log of incoming and outgoing calls contained on the phone. But instead of only looking for these items, the government did a full forensic analysis, searching the entire phone, including deleted files. What they found on the phone was the basis for new charges brought against our client.
“We are incredibly gratified that Judge Walton accepted our description of what is wrong with this government tactic,” Jeffress said about the ruling. “The contours of a citizen’s right to be free from an overbroad search with things like cell phones – and other technology – are still being developed. I’m gratified that we could play a role expanding the law in this way.”