Judge to determine if phone records will be used in trial of Missouri lawyer charged in deaths

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KANSAS CITY, Missouri — A judge will determine if cellphone records can be used in the trial of a Lee's Summit lawyer charged in the deaths of her father and his girlfriend.

The Kansas City Star reports (http://bit.ly/1MKot7F ) the phone records are evidence in the case against Susan Elizabeth Van Note, who's charged in the 2010 deaths of 67-year-old William Van Note and 59-year-old Sharon Dickson.

Defense lawyers say the cellphone evidence was obtained through an "unconstitutional search" because investigators didn't acquire it with a search warrant. Instead they used a subpoena, which doesn't require probable cause.

At a Laclede County court hearing Tuesday, a Camden County sheriff's sergeant told Judge Kenneth Hayden the subpoenas are standard, and both were signed by a judge.

Each side has 20 days to file written arguments.

Information from: The Kansas City Star, http://www.kcstar.com

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