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N.H. Supreme Court Rules Warrantless Cellphone Ping Unconstitutional, Orders Review in Clegg Case

The justices faulted police for bypassing a warrant based on expected delays from Verizon.

Overview

  • The unanimous ruling found the 2022 emergency ping that led to Logan Clegg’s arrest in Burlington, Vermont, unconstitutional.
  • The case is remanded for the trial court to decide whether the same evidence would have been inevitably discovered by lawful means.
  • Justices cited a lack of true exigency, noting five months had passed since the killings, a booked flight was 56 hours away, and police could have obtained a warrant and used Verizon’s exigency hotline.
  • The decision leaves Clegg’s conviction in place for now and does not guarantee a new trial, as the Attorney General’s office says it is reviewing the ruling.
  • A lower-court hearing is set for Friday, with a June deadline for the court’s decision, and officials say Clegg is expected to appear.