Topline: Stephan Sterns’ attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
Published: April 26, 2025 7:00 am ET
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OSCEOLA COUNTY, FL — A key hearing is underway at the Osceola County Courthouse as Stephan Sterns’ defense team attempts to suppress evidence from his cellphone.
Sterns is accused of sexually abusing and killing 13-year-old Madeline Soto, the daughter of his then-girlfriend, shortly after her birthday party.
Wednesday marked Sterns’ second day in court. Investigators zeroed in on him after allegedly discovering videos on his phone showing him raping Madeline over several years, WESH reported.
His attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
On Tuesday, the defense tried to delay the hearing, citing undisclosed confidential information.
“Defense has come into information that at this time, defense is not in a position to divulge to the court, or in open court,” said Alesha Smith, assistant public defender.
The judge responded, “So your good cause is secret?” Smith replied, “Essentially, judge.”
The judge denied the delay. Several witnesses are expected to testify, with the hearing expected to last hours. Prosecutors plan to use a conviction in the sexual abuse case to push for the death penalty in the separate murder trial.
On Wednesday, Sterns’ attorney asked him, “You had indicated that you did not consent to the search of your cellphone?”
Sterns answered, “I consented only to them looking at the Google Maps and to see if I was logged into Google in the first place.”
Sterns admitted giving limited access, but his defense says investigators exceeded that.
According to documents obtained by WESH, law enforcement later found images of the alleged abuse. This came after noticing missing call logs and Google Maps data. Sterns had claimed in an earlier interview that he accidentally reset his phone.
Detective Maira Tagler testified on Wednesday that Sterns verbally consented to a full phone download and gave them the passcode, according to WESH.
“When I explained to him what we wanted to do with the cellphone, I asked him if I had his consent to download the phone or if I had to obtain a search warrant,” she said.
“And did the defendant consent to downloading the phone?” a prosecutor asked.
Tagler replied that he did, adding their interview and his consent were recorded.
The defense contends any consent was limited and influenced by Sterns’ physical and mental state at the time, including lack of sleep and food.
“Law enforcement has consistently overstepped bounds, knew that they didn’t have enough for a warrant to get into his phone at first, sought a way to get around that and kept going until they can get to it,” his attorney argued.
The state claims there were “exigent circumstances,” as Madeline was still missing.
“A warrant-less seizure of the defendant’s cell phone is permissible when you have probable cause plus a warrant exception. In this case, the state’s relying on exigent circumstances,” the prosecutor said.
The judge has not yet ruled on the cellphone evidence but expects to do so by the end of June.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Court Awaits Ruling on Key Evidence in Madeline Soto Murder Case
Stephan Sterns’ attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
By Jacob Charles
Published: April 26, 2025 7:00 am ET
OSCEOLA COUNTY, FL — A key hearing is underway at the Osceola County Courthouse as Stephan Sterns’ defense team attempts to suppress evidence from his cellphone.
Sterns is accused of sexually abusing and killing 13-year-old Madeline Soto, the daughter of his then-girlfriend, shortly after her birthday party.
Wednesday marked Sterns’ second day in court. Investigators zeroed in on him after allegedly discovering videos on his phone showing him raping Madeline over several years, WESH reported.
His attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
On Tuesday, the defense tried to delay the hearing, citing undisclosed confidential information.
“Defense has come into information that at this time, defense is not in a position to divulge to the court, or in open court,” said Alesha Smith, assistant public defender.
The judge responded, “So your good cause is secret?” Smith replied, “Essentially, judge.”
The judge denied the delay. Several witnesses are expected to testify, with the hearing expected to last hours. Prosecutors plan to use a conviction in the sexual abuse case to push for the death penalty in the separate murder trial.
On Wednesday, Sterns’ attorney asked him, “You had indicated that you did not consent to the search of your cellphone?”
Sterns answered, “I consented only to them looking at the Google Maps and to see if I was logged into Google in the first place.”
Sterns admitted giving limited access, but his defense says investigators exceeded that.
According to documents obtained by WESH, law enforcement later found images of the alleged abuse. This came after noticing missing call logs and Google Maps data. Sterns had claimed in an earlier interview that he accidentally reset his phone.
Detective Maira Tagler testified on Wednesday that Sterns verbally consented to a full phone download and gave them the passcode, according to WESH.
“When I explained to him what we wanted to do with the cellphone, I asked him if I had his consent to download the phone or if I had to obtain a search warrant,” she said.
“And did the defendant consent to downloading the phone?” a prosecutor asked.
Tagler replied that he did, adding their interview and his consent were recorded.
The defense contends any consent was limited and influenced by Sterns’ physical and mental state at the time, including lack of sleep and food.
“Law enforcement has consistently overstepped bounds, knew that they didn’t have enough for a warrant to get into his phone at first, sought a way to get around that and kept going until they can get to it,” his attorney argued.
The state claims there were “exigent circumstances,” as Madeline was still missing.
“A warrant-less seizure of the defendant’s cell phone is permissible when you have probable cause plus a warrant exception. In this case, the state’s relying on exigent circumstances,” the prosecutor said.
The judge has not yet ruled on the cellphone evidence but expects to do so by the end of June.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
Must Read
Editor Picks
Latest Articles
Court Awaits Ruling on Key Evidence in Madeline Soto Murder Case
Stephan Sterns’ attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
By Jacob Charles
Published: April 26, 2025 7:00 am ET
OSCEOLA COUNTY, FL — A key hearing is underway at the Osceola County Courthouse as Stephan Sterns’ defense team attempts to suppress evidence from his cellphone.
Sterns is accused of sexually abusing and killing 13-year-old Madeline Soto, the daughter of his then-girlfriend, shortly after her birthday party.
Wednesday marked Sterns’ second day in court. Investigators zeroed in on him after allegedly discovering videos on his phone showing him raping Madeline over several years, WESH reported.
His attorneys claim the phone was unlawfully seized, violating his rights against unreasonable searches.
On Tuesday, the defense tried to delay the hearing, citing undisclosed confidential information.
“Defense has come into information that at this time, defense is not in a position to divulge to the court, or in open court,” said Alesha Smith, assistant public defender.
The judge responded, “So your good cause is secret?” Smith replied, “Essentially, judge.”
The judge denied the delay. Several witnesses are expected to testify, with the hearing expected to last hours. Prosecutors plan to use a conviction in the sexual abuse case to push for the death penalty in the separate murder trial.
On Wednesday, Sterns’ attorney asked him, “You had indicated that you did not consent to the search of your cellphone?”
Sterns answered, “I consented only to them looking at the Google Maps and to see if I was logged into Google in the first place.”
Sterns admitted giving limited access, but his defense says investigators exceeded that.
According to documents obtained by WESH, law enforcement later found images of the alleged abuse. This came after noticing missing call logs and Google Maps data. Sterns had claimed in an earlier interview that he accidentally reset his phone.
Detective Maira Tagler testified on Wednesday that Sterns verbally consented to a full phone download and gave them the passcode, according to WESH.
“When I explained to him what we wanted to do with the cellphone, I asked him if I had his consent to download the phone or if I had to obtain a search warrant,” she said.
“And did the defendant consent to downloading the phone?” a prosecutor asked.
Tagler replied that he did, adding their interview and his consent were recorded.
The defense contends any consent was limited and influenced by Sterns’ physical and mental state at the time, including lack of sleep and food.
“Law enforcement has consistently overstepped bounds, knew that they didn’t have enough for a warrant to get into his phone at first, sought a way to get around that and kept going until they can get to it,” his attorney argued.
The state claims there were “exigent circumstances,” as Madeline was still missing.
“A warrant-less seizure of the defendant’s cell phone is permissible when you have probable cause plus a warrant exception. In this case, the state’s relying on exigent circumstances,” the prosecutor said.
The judge has not yet ruled on the cellphone evidence but expects to do so by the end of June.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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