Dustin E. McCowan v. State of Indiana

OPINION

BAKER, Judge.

After a three-week jury trial, appellant-defendant Dustin E. McCowan was found guilty of Murder, 1 a felony. On appeal, we find that McCowan has waived the challenges that he made in his motion to suppress regarding the admissibility of his cell phone records including the text messages, and the location of the calls that were made because he failed to properly object at trial.

Waiver notwithstanding, we find that under the totality of the circumstances, McCowan’s rights to be free from unreasonable search and seizure under Article I, Section 11 of the Indiana Constitution…