A Georgia father has been accused of intentionally leaving his baby boy in a hot car, which eventually led to the 22-month-old’s death. The father, on the other hand, says that it was an accident, and he did not purposefully endanger the life of his son. In the latest development in the man’s case, his defense attorneys are claiming that the father’s privacy rights were violated when police illegally seized his cellphone.
Authorities have been holding the father in jail since June 2014, when he was charged with multiple crimes, including: felony murder, malice murder, sexual exploitation of children, cruelty to children, and giving harmful materials to children.
In a 35-page motion filed by the father’s defense lawyers last Monday, the defendant claims that his rights were violated when police officers illegally seized and searched his cellphone without first securing a warrant to do so. The defense is asking for the evidence taken from the man’s cellphone and computer to be suppressed, so it cannot be used against him in court.
A detective who investigated the case testified that the father was not a suspect until after she obtained his cellphone. She and another officer took his cellphone after the defendant became confrontational at the scene of the incident, where the baby was found dead.
Prosecutors allege that the man was having inappropriate exchanges on his cellphone with a minor female while sitting in his vehicle, and while his son was also in the vehicle. At the time, the car was far too hot for the baby.
Trying to get certain pieces of evidence suppressed is a common tactic employed by Georgia defense attorneys. Defendants must be proved guilty beyond a reasonable doubt before any kind of conviction can occur. In order to prove guilt, the prosecution will need to produce evidence. When enough pieces of evidence are suppressed, the prosecution will not be able to prove guilt in the case.
If you’ve been arrested for a criminal offense, an experienced criminal defense attorney will explore all avenues available to you for the best outcome in your case.