Argued on Tuesday, January 22, 2019

Issues:

I. Whether the military judge abused her discretion in denying a defense motion to suppress evidence obtained from Appellant’s cellular telephone because access to the contents of the iPhone would not have been available but for the government’s illegal search and the good faith doctrine would be inapplicable under the circumstances.

II. Whether the Army Court of Criminal Appeals erred in deeming the insufficient nexus issue waived because there was no deliberate decision not to present a ground for potential relief but instead only a failure to succinctly articulate the grounds upon which relief was sought.

CAAFlog case page: http://www.caaflog.com/category/october-2018-term/united-states-v-smith/

Note:  Audio post-processed for this podcast with a dynamic normalizer filter.