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New Hampshire Supreme Court Rules Warrantless Cellphone Ping in Clegg Case Unconstitutional

A trial judge must rule by June on whether the location evidence can be admitted under the inevitable discovery doctrine.

Overview

  • The unanimous decision finds police violated constitutional protections by using an emergency phone-location request without a warrant in 2022.
  • Investigators used Verizon’s exigent protocol to ping Logan Clegg’s phone, which led to his arrest in Burlington, Vermont, in October 2022.
  • Justices said anticipated carrier delays did not justify bypassing a warrant and noted police could seek a warrant and then use Verizon’s exigency hotline to expedite access.
  • The case is remanded for the trial court to decide if the challenged evidence is admissible under inevitable discovery, with a ruling due by June.
  • Clegg was convicted of second-degree murder in the killings of Steve and Wendy Reid and received a lengthy prison sentence, and the new ruling does not automatically overturn his conviction.