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MD High Court Okays Cell Phone Device Without Search Warrant

Cellphone Tower
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Cellphone Tower

ANNAPOLIS, Md. (AP) - Maryland's highest court says police were justified in using a cell site simulator to track down a Baltimore homeless woman's cell phone in an attempt to find her killer.

Last week's Court of Appeals decision overturns a Circuit Court ruling suppressing evidence in the case against 40-year-old Robert Copes Jr.

The lower court said use of the cell site simulator, which mimics a cell phone tower in order to connect with and collect information on nearby phones, was a search, and that a court order allowing it use was not a search warrant.

The appeals court held that, regardless of whether the case involved a search or the need for a warrant, detectives acted in "objectively reasonable good faith."

Copes is charged in the 2014 death of 34-year-old Ina Jenkins.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.