Defense Files Motion to Suppress Use of Defendant’s iCloud Data In Trial

By Rachel Benck [former] - February 2, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A murder defendant appeared in front of D.C. Superior Court Judge Anthony C. Epstein on Feb. 1 to discuss a pending motion in his case.

Joshua Emmanuel Franklin was indicted on three charges including first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm, all committed during his release, in connection with the shooting of Andrew Session on Jan. 21, 2021, on the 4400 block of 3rd Street SE. He pleaded not guilty to all three charges.

Franklin, 37, and his defense attorneys, Steven Ogilvie and Jason Kalafat, appeared in court and brought their pending motion to suppress to Judge Epstein’s attention. 

D.C. Witness previously reported that a detective on the case testified that Franklin’s cell phone was collected at the scene of the crime. The prosecution searched his cell phone, as well as the iCloud data from his current and all previously owned cell phones. 

In addition, the prosecution searched the data of his daughter’s cell phone while accessing Franklin’s iCloud data. As a result, Ogilvie filed a motion to suppress the use of the iCloud data, both from Franklin’s devices and his daughter’s phone, arguing that it extended beyond the scope of the incident. 

Ogilvie questioned if Franklin’s daughter consented to the search of her data. 

In response, the prosecution questioned if Franklin has any standing to challenge the search as he has no legal custody of his daughter.

It is unclear whether or not the prosecution’s warrant to search Franklin’s device also included the right to search his iCloud data or information on his daughter’s account.

Judge Epstein did not rule on the motion, and the parties agreed to schedule an evidentiary hearing so the defense may bring in witnesses to demonstrate that the prosecution exceeded what data they were allowed to search.

Ogilvie said he estimates he will call two to three witnesses, one of them being Franklin’s daughter. 

All parties are scheduled to return for the hearing on May 18.