YNW Melly's Attorney Files Motion To Suppress Cell Phone, Cites "Legally Insufficient" Affidavit
YNW Melly's attorney Jamie Benjamin is pushing for some evidence collected by police to be suppressed ahead of his upcoming murder retrial, claiming that it was obtained with a "legally insufficient" affidavit. He filed the motion earlier this week, according to documents obtained by HipHopDX, with the Broward County clerk. Benjamin says that authorities didn't have the probable cause necessary to obtain and search the phone.
While a search warrant was issued, he claims it was done in violation of the rapper's Fourth and 14th Amendment rights. Detective M. Moretti was the one who signed the affidavit, however, he failed to properly fill out the paperwork. Reportedly, he left out various bits of important information in the documents. The judge has yet to make a decision.
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Jamie Benjamin Claims Phone Was Improperly Seized
This isn't the first time Det. Moretti's work has been called into question, however. Back in August, Melly's team filed a motion against him while he was under investigation for allegedly using excessive force with a potential witness in the case. The defense asked that all materials from the investigation be handed over to them for review. Melly's retrial is now scheduled to begin in February of this year. Judge John Murphy announced this week that it'd be delayed due to "extraordinary circumstances."
Prosecutors requested that the retrial be pushed back earlier this month, citing various different reasons. "Throughout the defendant's 20+ pleadings and in court hearings, the defendant complains of the number of witnesses that must be deposed as well as the many motions that must be heard," they said in their motion. "The defendant complains that the state has filed motions after the court's discovery cut off, yet the defendant himself has also filed motions after this date. Several of the state's motions are a result of the defendant's new criminal activity ... It is abundantly evident that the defendant is not ready for trial." What do you think of YNW Melly's lawyer filing to have his cell phone suppressed? Share your thoughts in the comments section down below, and keep an eye on HNHH for more updates.
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