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In State v. Armstrong¸ the defendant pleaded guilty to aggravated manslaughter, as a lesser included offense to the murder of the current boyfriend of his former girlfriend and father of their child, Nache DeWitt, and to a related weapons offense. Armstrong had unsuccessfully moved to suppress the threatening text messages, he sent to DeWitt shortly before the shooting. The trial judge denied an evidentiary hearing and the motion to suppress because the messages were obtained with the consent of DeWitt, the recipient of the texts, and therefore Armstrong had no reasonable expectation of privacy in the messages once sent. In a published opinion, on June 2, 2020, the Appellate Division concluded that Armstrong “lacked standing to challenge the recovery of text messages from DeWitt’s phone, in which he had no reasonable expectation of privacy,” and affirmed the denial of the motion to suppress and the conviction.

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