State v. Tyler (20)

S-14-0702 State v. Avery Tyler (Appellant)
Douglas County, Judge Duane Dougherty
Attorneys: Thomas C. Riley (Public Defender) (Appellant) --- Erin E. Tangeman (Attorney General's Office)
Criminal: Murder in the First Degree; Use of a Firearm to Commit a Felony
Proceedings below: A jury found Appellant guilty of both crimes. He was sentenced to serve a term of life in prison for murder and a consecutive term of 20 to 30 years for the weapon charge.
Issues: The trial court committed reversible error in (1) overruling Appellant's motion to suppress evidence obtained from a cell phone seized during the unlawful arrest and search of Appellant's automobile; (2) overruling the motion to suppress the search of the content of Appellant's cell phone in that the permission to search obtained from Appellant was not freely, voluntarily, and intelligently made; (3) overruling Appellant's motion to suppress the gunlock seized during the unlawful search of Appellant's residence and the cell phone seized from his auto because the warrants upon which the searches were authorized constitute general warrants and violate the particularity requirement of the State and Federal constitutions.