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158652 - People v Kristopher Allen Hughes

The People of the State of Michigan,

 

Joshua Miller

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Oakland – Jarbou, H.)

 

Kristopher Allen Hughes,

 

Jason Eggert

 

Defendant-Appellant.

 

Summary

The defendant was convicted by a jury of armed robbery and was sentenced to 25 to 60 years imprisonment.  The evidence presented at trial included cell phone records obtained through a search warrant issued after the defendant’s phone was seized when he was arrested in an unrelated case.  The Court of Appeals affirmed the defendant’s conviction in an unpublished opinion.  The Supreme Court has ordered oral argument on the application to address:  (1) whether the probable cause underlying the search warrant issued during the prior criminal investigation authorized police to obtain all of the defendant’s cell phone data; (2) whether the defendant’s reasonable expectation of privacy in his cell phone data was extinguished when the police obtained the cell phone data in a prior criminal investigation; (3) if not, whether the search of the cell phone data in the instant case was within the scope of the probable cause underlying the search warrant issued during the prior criminal investigation; (4) if not, whether the search of the cell phone data in the instant case was lawful; and (5) whether the defendant’s trial counsel was ineffective for failing to challenge the search of the cell phone data in the instant case on Fourth Amendment grounds.      ​