Lane Draper v. Hon. gentry/state/nez

Summary

The court vacated the trial court’s discovery order and remanded for determination of whether GPS data could be extracted from the victim’s vehicle under safeguards protecting the victim’s privacy. It held that probable cause is not required for a noticed pretrial disclosure order, but the defendant must show a reasonable possibility of constitutionally material evidence when the data will be extracted solely for in camera review, and a substantial probability when the defense agent may view or possess the data. The court concluded that the defendant satisfied the reasonable-possibility standard, but the record did not establish adequate extraction safeguards.