Page 39 - TPA Journal November December 2022
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photos with cellular phones. other cases he has investigated and
Further, Affiant knows from from training and experiences that
training and experience that cellular searching a suspect’s phone will
telephones are commonly utilized to allow law enforcement officers to
communicate in a variety of ways learn the cellular telephone number
such as text messaging, calls, and e- and service provider for the device.
mail or application programs such Affiant knows that law enforcement
as google talk or snapchat. The officers can then obtain a
cellular telephone device, by its subsequent search warrant from the
very nature, is easily transportable cellular telephone provider to obtain
and designed to be operable any and all cell site data records,
hundreds of miles from its normal including any and all available geo-
area of operations, providing location information for the dates of
reliable and instant an offense, which may show the
communications. Affiant believes approximate location of a suspect at
that the incoming and outgoing or near the time of an offense.
telephone calls, incoming and Based on Affiant’s training and
outgoing text messaging, emails, experience, as well as the totality of
video recordings and subsequent the circumstances involved in this
voicemail messages could contain investigation, Affiant has reason to
evidence related to this aggravated believe that additional evidence
assault investigation. Additionally, consistent with robbery and/or
based on your Affiant’s training and murder will be located inside the
experience, Affiant knows from cellular telephone, more particularly
other cases he [sic] has investigated described as: a Samsung Galaxy5,
and from training and experiences within a red and black case, serial
that it is common for suspects to #unknown, IMEI #unknown.
communicate about their plans via Affiant believes that call data,
text messaging, phone calls, or contact data, and text message data,
through other communication may constitute evidence of the
applications. Further, Affiant knows offense of robbery or murder.
from training and experiences that Affiant marked the phone with the
someone who commits the offense unique identifier HC16-0149834
of aggravated assault or murder and it is currently located at 601
often makes phone calls and/or text Lockwood, Houston, Harris County,
messages immediately prior and Texas.
after the crime. Affiant further
knows based on training and A magistrate issued the search warrant. A Harris
experience, often times, in a County grand jury indicted Appellee for the murder
moment of panic and in an attempt of Adrianus Kusuma in the course of robbing him.
to cover up an assault or murder Motion to Suppress Appellee filed a motion to
that suspects utilize the internet via suppress the statements he made to the police and
their cellular telephone to search for the evidence found on his cell phone. The
information. Additionally, based on Honorable Judge Denise Collins of the 208th
your Affiant’s training and District Court held a hearing on the motion on
experience, Affiant knows from December 18, 2018. She found that the traffic stop
Nov.-Dec. 2022 35
