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Aaron Hernandez lawyers request cell phone evidence be thrown out

Jun 26, 2013; North Attleborough, MA, USA; New England Patriots former tight end Aaron Hernandez (left) stands with his attorney Michael Fee as he is arraigned in Attleboro District Court. Hernandez is charged with first degree murder in the death of Odin Lloyd. Mandatory Credit: The Sun Chronicle/Pool Photo via USA TODAY Sports
Jun 26, 2013; North Attleborough, MA, USA; New England Patriots former tight end Aaron Hernandez (left) stands with his attorney Michael Fee as he is arraigned in Attleboro District Court. Hernandez is charged with first degree murder in the death of Odin Lloyd. Mandatory Credit: The Sun Chronicle/Pool Photo via USA TODAY Sports

Aaron Hernandez’s attorneys have fielded many a motion in the hopes of getting murder charges dropped against the former New England Patriots tight end. Most attempts have failed so far, however that hasn’t deterred his legal team from trying their best to get any and all evidence thrown out.

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On Tuesday, the Associated Press is reporting that Hernandez’s attorneys filed a motion to suppress any evidence obtained from his cell phone.

According to the report, his lawyers say the evidence was obtained without proper authority and without a search warrant. Two things that are slightly important in obtaining evidence.

Hernandez’s lawyers believe that the prosecutors, according to an AP report, “deliberately induced Mr. Hernandez’s lawyers to turn over his cell phone based upon a false claim of legal authority.”

The ruling in this case would be very interesting, as the judge has come down on both sides of other issues in the past.

In August, judge Susan Garsh ruled that other cell phones and iPad evidence were to be suppressed as they were not listed on original search warrants when they were obtained.

However, the judge has also ruled on this cell phone in the past — stating it was admissible because Odin Lloyd had been in contact with that number on the night of his murder. Judge Garsh also has ruled against suppressing evidence from the home surveillance cameras in the past.

If Hernandez’s lawyers succeed in getting this cell phone thrown out it could pose as a huge hurdle to the case of the prosecution.

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