Judge Boyd denies suppression of cellphone extraction in State v. McIntyre; orders prosecutors to identify 2017 phone records

SAN ANTONIO — Judge Stephanie Boyd of the 187th District Court on Wednesday denied a defense motion to suppress the forensic extraction of data from a cellphone seized from a 2013 black Kia Forte and declined to grant a Franks hearing, but ordered prosecutors to show the defense which items from a prior 2017 phone extraction they intend to use at trial.

The ruling came during a hearing on multiple pretrial motions in State of Texas v. Tamor McIntyre, a capital-murder prosecution stemming from the April 2017 killing of Mark Anthony Saldivar. Defense attorneys argued the affidavit supporting the April 24, 2017 search warrant lacked the particularized nexus required by the U.S. Supreme Court in Riley v. California and by recent Texas authorities; prosecutors said the affidavit supplied probable cause under the totality of the circumstances.

Judge Boyd said she had reviewed the affidavit "within the four corners" and concluded it supplied probable cause to seize and extract data from the device. "Defense's motion is denied. Let's move on to your next motion," the judge told counsel after hearing extended argument.

Defense attorney Jerry Goldstein told the court the warrant application used boilerplate language rather than establishing a specific link between the phone seized in the glove compartment of the Kia and evidence of the offense. "This is a boilerplate warrant," Goldstein said, arguing the affidavit failed to show why contents of that particular…