Case may be thrown out for former TPD officer accused of having - News, Weather, Sports, Toledo, OH

Case may be thrown out for former TPD officer accused of having sex with teen

TOLEDO, OH (WTOL) -

He's a former Toledo Police Officer accused of having sex with a 13-year- old girl. 

On Friday, Michael Moore's case hit a possible turning point that has the potential to throw it out all together.

All of the testimony centered around the former tpd officer's cell phone. The defense asked that any information the state may use against Moore from the phone be thrown out and not presented to the jury during this trial because they said it was accessed illegally

Toledo police detectives, and Moore's former colleagues, involved the investigation were called to the stand. They were then questioned about how they seized Michael Moore's truck and his cell phone inside the truck back in 2016.

The defense tried to prove the cell phone was accessed by police before a search warrant was ever served. 

The cell phone was inside Moore's truck that was towed to the police tow lot. The state made an argument that the cell phone remained in the truck because it was part of an investigation. 

The defense tried making a case that the cell phone was left unattended in that truck for hours and questioned when any officer could have had the opportunity to look through it.  

Moore's attorney, Lorin Zaner,  asked TPD Detective Campbell if there were any other police officers making sure no one had access to the car. 

"I can't say when anyone else was there," Detective Campbell answered.

"I got that, but was anyone there when you left?" Zaner questioned back.

Detective Campbell replied that he couldn't answer.

Both the state and defense called expert witnesses to the stand who analyzed Moore's phone.  Both had different opinions on the phones contents.

The judge did not rule on anything Friday. However, if the judge determines the phone was accessed improperly by police, there is a chance the state will not have a strong enough case to convict Moore and the entire case will be dropped.

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