Sep 28, 2010 1:40 PM by Bea Karnes, News First 5

Colorado DA plans to appeal ruling on police text search

A judge's ruling that a police search of text messages on a lost iPhone was illegal could be challenged. Pitkin County Chief Deputy District Attorney Arnold Mordkin is preparing a challenge to the ruling that threw out most of the evidence in an alleged cocaine dealing case.

The Aspen Daily News says he plans to file a notice of appeal this week. Police sought a search warrant of Devin Schutter's residence after police found text messages, such as "how much for two eighths?," on a phone later traced to him.

District Judge James Boyd said Schutter had a "reasonable expectation of privacy" for information on his phone, which he lost in a gas station bathroom.

The case is believed to be the first of its kind in Colorado.


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