Commonwealth v. Fencher

*618 The indictments in this case allege that the defendant, Alexa Fencher, and two coconspirators broke into the home of her uncle, Alfred Boutiette, and beat him about the head and face with a crowbar. Following an evidentiary hearing, a Superior Court judge allowed the defendant's motion to suppress the *619 fruits of a search of her cellular telephone (cell phone). The judge reasoned that the police lacked probable cause to seize the cell phone, and that the illegal seizure tainted the defendant's *122 subsequent consent to search her cell phone. In this interlocutory appeal, the Commonwealth claims…