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Trooper Peterson stopped a Kia with California license plates for speeding in a construction zone. Damara Needham was driving the rented vehicle, and D was a passenger. Needham admitted there was marijuana in the car. Trooper Peterson decided to search the vehicle, and, as he began his search, Needham removed a floral coin purse. She then removed a baggie from the purse that Trooper Peterson believed contained methamphetamine. Needham attempted to hide the baggie but ultimately tossed it to De. The trooper then handcuffed Needham and escorted her to his patrol car where she was recorded slipping out of her handcuffs and ingesting an unknown substance. Trooper Peterson seized Needham's and D's cell phones from them and seized from the vehicle the following items: oxycodone pills; marijuana; marijuana dispensary containers and pipes; a box containing methamphetamine, fentanyl, and oxycodone; and two cell phones in the vehicle's center console. One of the phones was the eTalk flip phone. Needham and D pled guilty to state charges related to possession of marijuana. Needham also pled guilty in federal district court to conspiracy to distribute methamphetamine. D proceeded to trial on conspiracy charges. P filed a notice of its intent to offer expert testimony from Special Agent David Sundet who in part would testify as to the contents of D's phone,' including text messages and the special codes used to discuss such matters by criminals. D unsuccessfully moved to exclude evidence from the eTalk phone as well as Special Agent Sundet's proffered testimony. D was convicted and appealed.

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