Defense Claims Seizure of Cell Phone Data Unconstitutional in a Homicide

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Baltimore City Circuit Court Judge Cynthia H. Jones denied defense counsel’s motion to suppress cell phone evidence on April 28 in the trial of Gregory Whitfield, 19.

Whitfield is charged with two counts of first-degree murder and one each of firearm use in a felony or violent crime, attempted first-degree murder, first-degree assault, and related conspiracy and gun violations in connection to the July 16, 2024 fatal shooting of Theodore Burrell, 20. Whitfield is charged alongside co-defendant Bishop Chance, 18.

Defense attorney Christopher O’Meara argued that the investigators violated Whitfield’s Fourth Amendment rights by conducting an overbroad and unsubstantiated search of his cell phone following its seizure.

O’Meara argued the prosecution lacked probable cause to even seize the cell phone. He alleged investigators were attempting to use the codefendants’ previous location data to place them at or near the scene of the crime, and moved to suppress all evidence.

The prosecution maintained the police conducted investigations and issued warrants for the search and seizure of the cell phone lawfully. The first warrant, issued for between July 1 and July 29, 2024 yielded insignificant evidence.

A second warrant was granted on Aug. 14, 2024, authorizing the data search from between May 19 and July 29, 2024. The prosecution argued the second warrant provided necessary judicial oversight and specificity required by the Fourth Amendment, making the search valid.

Moreover, the prosecution emphasized that the purpose of the search was to gather evidence such as location data that could connect Whitfield and his associates to both the scene of the murder and the stolen vehicle. This, they argued, was a legitimate investigative step given the gravity of the offense.

Judge Jones ultimately ruled in favor of the prosecution, denying the motion to suppress evidence. Whitfield is set to return to court May 16 for a motion hearing before Judge Yolanda A. Tanner.