Are a cop’s personal cell phone records fair game in court?
When Officer John Boerth got to court on what he thought would be a slam-dunk DUI case, a surprise move by a public defender forced him and the prosecutor to draw a line in the sand.
Their second surprise came when the trial judge stepped over it.
Now, support of the judge’s action recently by the New Mexico Court of Appeals potentially raises a question for every officer in the country: to what extent are records from your personal cell phone subject to public review in a criminal trial if you carry the phone with you on duty
Are a cop’s personal cell phone records fair game in court?.
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