On July 11, 2021, gunshots were heard near the home of Alsham Laster and his girlfriend, Latisha Burnett.  Neighbors only saw Laster going in and out of the home a few hours before he called 911 and reported Burnett’s death.  Burnett’s death was determined to be a homicide caused by multiple gunshot wounds.  Laster was taken in for questioning.  While in questioning, Laster’s phone was seized.  A warrant application for the phone was submitted and denied.  Additional information was added to the warrant and twenty-two hours after the phone was seized, the warrant was submitted to a different judge and granted.

Laster was charged with murder. Prior to his jury trial, Laster filed a motion to suppress, arguing the phone was unlawfully seized.  The trial court found it was reasonable for police to seize the phone and denied the motion.  Evidence obtained from the phone was admitted at trial over Laster’s objection.  Laster was found guilty and sentenced to 62 years.  On appeal, Laster argues his phone was unlawfully seized, and that the trial court erred in admitting evidence from it.  The State argues the seizure was reasonable under exigent circumstances because it prevented any evidence on the phone from being destroyed and any error from admitting the phone’s evidence would be harmless. 

The scheduled panelists are Judge Bradford, Judge Pyle, and Judge Kenworthy.