The court reverses two murder convictions. The motion to suppress a photograph of a gun and ammunition similar to that used in the double murder should have been granted because the photograph was mistakenly provided by Sprint in response to a communications data warrant (CDW) that did not seek photographs. The State argued that the photograph was in plain view, but as the file containing the photograph was clearly identified as a photograph, and labeled as outside the time frame of the CDW, the court rejects the plain view argument. Admission of that photograph was not harmless error, given the State's repeated emphasis on the photograph in summation as well as the fact that the jury declared itself deadlocked three times.
