Pretrial Motion • Seizure of Cellphone • Plain View Doctrine
Commonwealth v. McClain, PICS Case No. 17-0536 (C.P. Monroe Mar. 29, 2017) Zulick, J. (10 pages).
Police properly seized a cellphone concealed in defendant’s clothing where she indicated to police that the phone contained recorded conversations relevant to an ongoing criminal matter. Where the commonwealth failed to provide evidence to indicate the location of allegedly unlawful recordings, those counts were dismissed. Pretrial motion granted in part; denied in part.
