Hawkins V. The State. Court Of Appeals Of Georgia

2133 words - 9 pages

Report on E evidence admissibility issues in the case of HAWKINS v. THE STATE.
Court of Appeals of Georgia.

MEMORANDUM
Subject: E evidence admissibility issues

Using an online data base or an internet search engine, search for a situation in which an electronic device or recorder implicated someone of a crime or wrong doing.
Write a report on the E evidence admissibility issues in the case.
In your report, describe how that evidence was discovered and retrieved by law officers or computer forensic experts

MEMORANDUM
Subject: E evidence admissibility issues

Here is the report you requested on E evidence admissibility issues on a case that involved the use of electronic ...view middle of the document...

Among the exceptions to the warrant requirement is a search incident to a lawful arrest.
1.3 Method
The information used in this report was collected by consulting multiple articles on the internet which are listed in the reference section of this report.

1.4 Limitations
Because of the narrow scope of the report, no major limitations were encountered. The only issue faced was a broken link referenced by the course text.
(www.e-evidence.info/ccunits.html// dead link)
1.5 Assumptions
It has been assumed that:
a. Particular care was taken in the discovery, recovery, preservation and control of electronic data, documents and E-evidence.
b. That local, state and private investigations with regards to the analysis, verification and presentation of e-evidence in court and investigations were in accordance with established judicial and industry best practices.
c. The chain of custody of physical and electronic evidence, were well documented and observed.
1.6 Background
Haley Hawkins was arrested and indicted for several violations and an attempted violation of the Georgia Controlled Substances Act. Hawkins moved the trial court to suppress evidence of certain text messages that police obtained from her cell phone and the cell phone of another individual. Following an evidentiary hearing, the trial court denied her motion. She then sought immediate review in the Court of Appeals of Georgia. On appeal, Hawkins claims that the trial court erred in denying her motion to suppress because the seizure and search of her cell phone were unreasonable and because the police did not have the authority to send text messages to her, and receive and read text messages from her, using the phone of the other individual.

The E evidence presented at the hearing on the motion to suppress shows that an officer with the Lowndes County Sheriff's Office was contacted by a mother, who said that numerous text messages about narcotics were being sent to her son's cell phone, the mother then delivered the cell phone to the officer. Sometime thereafter, the officer received a text message on the cell phone from Hawkins, who believed she was communicating with the son. At the time, the officer did not know Hawkins's identity. Hawkins inquired in her text message whether the son had received certain controlled substances. Posing as the son, the officer responded by text message and asked how many of the pills Hawkins wanted to acquire. In reply, Hawkins asked how many pills were available, and the officer answered in another text message that he had about 25 pills. Hawkins then responded that she wanted all 25 pills and had the money to buy them. The officer and Hawkins continued to correspond by text messages and ultimately agreed to meet at a local restaurant that evening.
Prior to the time designated for the meeting, the officer arrived at the restaurant and took up a surveillance position in the parking lot. He observed Hawkins drive into the...

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