Alleged ‘bike path terrorist’ can’t keep cellphones out of case: judge

A judge has denied a bid by the alleged “bike path terrorist” accused of killing eight people in a Halloween 2017 truck attack to exclude evidence gathered from two cell phones he had on him during the attack — one of which was ringing after police shot him and took him into custody.

Seyfullo Saipov is accused of acting on behalf of the Islamic State when he allegedly drove a flatbed truck onto the cycling and pedestrian path on the west side of Lower Manhattan and the authorities say his phones contain thousands of images of ISIS propaganda. 

Saipov could face the death penalty if convicted. It was revealed in March that investigators had Saipov, who was born in Uzbekistan, in their sights for years before the attacks. 

As for the incoming call, District Judge Vernon Broderick of the Manhattan federal court said in his ruling to deny Saipov’s motion to suppress information found on the phones that it may have been a co-conspirator calling to discuss the alleged attacks. 

Saipov, who has pleaded not guilty to the attacks and is scheduled to go to trial next March, had argued that the authorities did not have probable cause to get a search warrant for his phones, which were two of only a few items that Saipov had with him in the Home Depot truck that he allegedly used to carry out the attacks on the West Side Highway bike path. 

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