[U] State v. Westbrook

In this appeal, the State contends the trial court erred when it granted Robert Westbrooks motion to suppress evidence obtained following a police search of certain files on his computer. The State contends that the evidence should not have been suppressed because (1) Westbrook had no reasonable expectation of privacy in the contents of those files after leaving the computer at a store for service, and (2) the technician servicing the computer later consented to a search of those files by a police officer. But because these issues are being raised for the first time on appeal, they have not been properly preserved for our review. We also reject the States remaining argument that the independent source exception to the exclusionary rule saves the evidence at issue from suppression. We therefore affirm.