STATE OF NEW HAMPSHIRE
STRAFFORD COUNTY SUPERIOR COURT

State of New Hampshire
v.

Timothy Verrill
Docket No. 
ORDER ON MOTION TO SEARCH IN LIEU OF SEARCH WARRANT

The State moves to allow the search of the server(s) and/or records maintained for or
by Amazon.com for all recordings made by an Echo smart Speaker with Alexa voice
command capability, FCC ID number ZWJ-0823, from the period of January 27, 2017 to
January 29, 2017, in addition to any information identifying cellular devices that were linked
to that smart speaker during that time period, and to produce such information to the court.
(Court index #204.) The State asserts there is probable cause to believe that evidence of
crimes?audio recordings capturing the attack on victim Christine Sullivan that occurred in
the kitchen of 979 Meaderboro Road and any events that preceded or succeeded the attack?
may be found on the server(s) maintained by or for Amazoncom for all recordings made by
the aforementioned Echo smart speaker. (E) The State asserts that the Echo smart speaker
was among the items lawfully seized by investigators at 979 Meaderboro Road on February
3, 2017, and is currently in the possession of the New Hampshire State Police. (1d)

After reviewing the motion, the court takes it up and rules on it without waiting for a
response from defense counsel, as it appears the defendant would have no standing to assent
or object to the State?s motion. State v. McLellan, 144 NH. 602, 604 (1999) (noting that

because the defendant lacked a possessory interest in the classroom, desk, or money prior to

 

the time of the offending act, the defendant did not have automatic standing); State v. Paige,
136 NH. 208, 210 (1992).

The court ?nds there is probable cause to believe the server(s) and/or records
maintained for or by Amazon.com contain recordings made by the Echo smart speaker from

the period of January 27, 2017 to January 29, 2017, and that those servers contain

07205

information identifying any cellular devices that were linked to that smart Speaker during that
time period, and that such information contains evidence of crimes committed against Ms.
Sullivan, including the attack and possible removal of the body from the kitchen, in the time
period of January 27, 2017 to January 29, 2017. State v. Delisle, 137 NH. 549, 552
(1993) (?nding that once a defendant is before the superior court, the preferred procedure for
obtaining evidence is by motion to the court); State v. Ward, 163 NH. 156, 159 (2012)
(?Probable cause exists if a person .of ordinary caution would justi?ably believe that what is
sought will be found through the search and will aid in a particular apprehension or
conviction?).

Accordingly, the State?s motion to search in lieu of a search warrant is granted. The
court directs Amazoncom to produce forthwith to the court any recordings made by an Echo
smart speaker with Alexa voice command capability, FCC ID number ZWJ-0823, from the
period of January 27, 2017 to January 29, 2017, as well as any information identifying
cellular devices that were paired to that smart speaker during that time period.

So ordered.

November 5, 2018 
Steven M. Houran
Presiding Justice