An iPhone 5 and Blackberry Bold cell phone, an iPad and two iPad mini tablets were taken from Hernandez's home in
"The court attributes the omission to carelessness ... and not to any loss of interest by law enforcement in seizing the items mentioned ...," Garsh slapped Troopers
"The police knew that the locked white iPhone was not Hernandez's phone because they had seen him use his phone at the station and it was a black Blackberry (Z10) phone and not a white iPhone," Garsh continued. "The police also could have dialed (the authorized number) at the residence to see whether either phone at the residence rang ... They did not do so."
State police spokesman
Though Cherven signed under penalty of perjury that he read documents supporting the search warrant application, Garsh said, "I infer that Cherven did not read the warrant, Had he done so, he would have spotted the fact that the property for which permission to search had been granted did not include the GPS devices ...."
She said it was Bates who "authored the wording" of the items police were looking for and, "The search warrant does not 'command' a search for GPS tracking devices ..."
Further, Garsh said she doesn't even believe Cherven's claim that he brought a copy of the search warrant into Hernandez's home, adding, "Cherven was at the residence for a very short time." Garsh noted she relied partially on "raw footage" taken by multiple news crews of police executing the search warrant, and none show the trooper "carrying any paper or papers into or out of the residence." Another officer, she said, showed Hernandez and his fiancee
Hernandez, Garsh said, told police his cell phone was with his attorney. She believes police had that cell phone in their possession before they seized the iPhone and the Blackberry Bold.
"The police had actual verification, at that point, that the iPhone and Blackberry Bold were outside the scope of the search warrant," Garsh wrote. "It was clear that the search warrant did not apply to either of these phones."
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