Seems to me that of more importance here is after Lieutenant Randy Combs (18 yr vet per his LinkedIn) and Detective Anthony Trotter (17 yrs) interviewed the daughter of Stines, they did not think it necessary to seek a warrant for her phone and/or subpoena for her phone records.
Lead Investigator Stamper, essentially testified that as of the date of the prelim, he believed any thing of evidential value could be obtained from Mullins phone that was already in custody at the forensic lab.
In other words, the seasoned investigators from KSP nor the Commonwealth, had no concerns whatsoever about preserving anything on her phone.
IMO, I think the daughter's phone is only important to the defense. For the defense, it's a matter of life or death to push the narrative that moments after Stines used Mullins phone, he stood up and began firing-- acting in the heat of passion, resulting in manslaughter, not murder.
From the transcript of the prelim hearing:
DEFENSE - So, we don't have a viewing of what transpired during that exchange of phones, but based upon your review of those moments prior to when Sheriff Stines observes that cell phone is it... was he previously seated?
DETECTIVE - Yes.
DEFENSE - Okay, so when we saw him he was standing the entire time.
DETECTIVE - He was seated in front of the Judge's desk.
DEFENSE - And when he looks at the cell phone - what is... can you describe his reaction in the video we haven't seen?
DETECTIVE - Whose reaction?
DEFENSE - The Sheriff.
DETECTIVE - You can't see his face in the video.
DEFENSE - Okay, but is it clear that.. does it appear to you that.. let me rephrase this - did he stand up after looking at the phone?
DETECTIVE - Yes, he stood up.
DEFENSE - And how long after he looked at the cell phone and stood up did this occur before what you played.
DETECTIVE - Just seconds.
DEFENSE - Did you make the decision on edits today for what you were going to present? Did you make the edit to determine which portion of the video we were going to see today?
DETECTIVE - No sir, I did not.
DEFENSE - Both cell phones have been sent to the State Police Forensic team, is that correct?
DETECTIVE - Yes.
DEFENSE - Have you gotten any early report on what was found?
DETECTIVE - No.
DEFENSE - Were both phones still on the desk when you arrived?
DETECTIVE - The Judge's phone was on the desk, Sheriff Stines' phone was on his person.
DEFENSE - So are there photographs of... was the phone unlocked at that point, or was it still open?
DETECTIVE - Are you asking about both of them?
DEFENSE - Well first let's talk about.. first I'm talking about Judge Mullins' since his was the one that was still on the desk, and presumably nobody touched it right prior to you securing it, correct?
DETECTIVE - No, no.
DEFENSE - Yeah so I'd like to know about that, have you ascertained what was currently open on that cell phone?
DETECTIVE - No, I don't know at this point, no.
DEFENSE - You don't know?
DETECTIVE - No.
DEFENSE - Do you think that would be.. do you think that would be important to learn?
DETECTIVE - I hope to learn that when the reports ready, yes.
DEFENSE - But as of today you can't tell us what was currently open on the Judge's phone?
DETECTIVE - No sir.
DEFENSE - Did you conduct an interview with Sheriff Stine's daughter?
DETECTIVE - I did not but she has been interviewed.
DEFENSE - Are you aware of... who was present when she was being interviewed?
DETECTIVE - Lieutenant Randy Combs and Detective Anthony Trotter.
DEFENSE - And she was interviewed with or without her parent.
DETECTIVE - With.
DEFENSE - So her parent was present at the time you interviewed her?
DETECTIVE - Yes I believe. I wasn't there, but yes, I think so.
DEFENSE - Law enforcement has not spoken to her without her parent present?
DETECTIVE - Not that I'm aware of.
DEFENSE - Did state police obtain her phone?
DETECTIVE - No.
DEFENSE - Do you intend to intended obtain records for her cell phone number?
DETECTIVE - Possibly, yes.
DEFENSE - Do you believe that that would be soon that you'll do that?
DETECTIVE - Could be, yes.
DEFENSE - Had you ever intended to do that or did you just... respond to my question?
DETECTIVE - Well, the call should be on the Judge's records too and she's made statements about what occurred during those conversations.
DEFENSE - I understand that but I would presume that.. have you ascertained whether Judge Mullens also had apps that stand outside of phone records?
DETECTIVE - I've not received those records yet, I don't know what's on the phone.
DEFENSE - Fair enough, but I mean did you look at the phone? did it appear there were apps on it?
DETECTIVE - I'm not the person that's qualified to look through the phone.
DEFENSE - Okay, but you're familiar with a cell phone, they can host other forms of communication.
(
Objection from prosecutor as to asked and answered. Judge says he can testify to any personal knowledge he has)
DEFENSE - So you're aware that phones can be used for apps, such as Facebook?
DETECTIVE - Yes.
DEFENSE - Okay, and that is not something that is captured by cell phone records - you'd agree with me?
DETECTIVE - I agree.
DEFENSE - So, in light of that, although the records may be mutually the same... the same between Judge Mullens' phone and the Sheriff's daughter do you believe that you could also ascertain other information from a cell phone app content?
DETECTIVE - Are you asking what apps are on the phone?
DEFENSE - Yes, well that was my original question..
DETECTIVE - Well, I don't about... I've not received that report yet. I don't know what apps he had downloaded on the phone.
DEFENSE - If he has social media apps do you intend to....
DETECTIVE - That could lead to additional search warrants, yes.