The Aaron Hernandez Murder Case is creating new Search & Seizure law in Massachusetts that may help future victims of illegal searches. Excluding bullets, seized iPhones and iPads sets a precedent for excluding evidence in future cases. Judge Garsh is examing every search and seizure that lead to evidence and carefully excluding pieces of evidence where the police made mistakes. Judge E. Susan Garsh has already determined that bullets found in his apartment, and a magazine found in his car should be thrown out because State Troopers did not demonstrate probable cause sufficient to search those locations. According to Bristol Superior Court Judge Garsh, there were no facts linking the crime to Hernandez such to support the search warrant. The warrant was issued for a phone belonging to Carlos Ortiz, who was allegedly with Hernandez at the time of Lloyds death. Subsequent search warrants did include searching for ammunition, but because police did not have probable cause for the first search, the gathered evidence had to be thrown out. The evidence dismissed by the judge include .45-caliber bullets and a .45-caliber magazine. Police have not recovered the weapon used in the shooting. whdh/story/26480311/aaron-hernandez-seeks-to-suppress-phone-evidence
Posted on: Thu, 30 Oct 2014 16:32:03 +0000
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