matthew muller's attorney claimed a key piece of evidence was obtained illegally, but the judge didn't buy it. >> i was nervous most of the morning pip morning. i felt pretty good that the judge would go in favor and the uncertain they it would go the other way. >> reporter: that is how the family felt as the man accused of kidnapping denise haskins and drugging aaron quinn tried to derail the case. the cell phone muller left behind at a separate home invasion in dublin last june should never have been opened by police without a search warrant. the phone led investigators to evidence linking mueller to the vallejo kidnapping. >> it's a phone that mr. muller's that was searched without a warrant and phones are devices that are so personal to all of us americans. >> but the judge ruled muller gave up his right to privacy when he entered the dublin house illegally, leaving his phone as he ran away. >> it means they will put every piece of evidence they found into evidence and that would include the results of the search warrants and the searches of the apartments, cars and everything. >>

=take vo= you may remember - "matthew muller" "aaron quinn" and "denise ome of huskins" last year. investigators say he kidnapped "huskins" and held her for ransom -- but then released her in southern california. today, muller's lawyer will try to have all evidence against him-- thrown out in court later this morning. his attorney claims the evidence was obtained during an illegal search of his cell-phone. =laura/ots= democrats are now in their second day of a sit-in on the house floor -- but republicans, overnight, in the fight over gun control.k they adjourned congress for a recess until july 5th. =live= where democrats eapitol succeeded in blocking any kind of work from being done yesterday for 16 hours. they want a vote on gun control legislation... =natvo= 'don't ever give . (eers). =con't vo= and they held the house hostage in an attempt to get it... literally sitting down on the floor. but by three o'clock in the morning local time there in washington.. republicans adjourned for the 4th of july holiday. effectively shutting down the protest. =sot= bill that they wld support.

and phones are devices that are so personal to all of us americans. >> reporter: matthew muller's attorney says the kidnapping suspect's phone should never have been opened by police. muller accidentally left the phone behind during a separate home invasion in dublin last june. it led police to evidence they say linked muller to the bizarre kidnapping of denise huskins and victimization of erin quinn. >> it's a warrant to search the cell phone. >> reporter: the judge ruled muller gave up his right to privacy when he entered the dublin house illegally abandoning his phone as he ran away. >> they're going to put every piece of evidence they found into evidence. that would include the results of all the search warrants and searches of the apartments, cars, storage lockers, everything. >> reporter: quinn's family says they're relieved by the ruling and hope muller is held accountable for victimizing the couple who they say is still traumatized. >> they've been better since they caught the perpetrator. but i don't know how you ever fully get over a trauma like that. >> i wish he would consider

the attorney for suspect, matthew muller, said police illegally accessed a cell phone he left behind while fleeing a burglary last year. a judge in sacramento agreed with prosecutors saying a suspect cannot expect privacy for an item left behind during a crime. investigators unlocked the phone and say they were able to make muller to the abduction of denise huskins a few months earlier. vallejo police had originally called the kidnapping a hoax before later admitting it had actually happened. huskins boyfriend, aaron quinn, was bound and drug during the incident. the family said the couple is traumatized >> to go from this terrible violent ordeal to them being accused on international media and then the guys caught. it is a total roller coaster. they have been better since they caught the perpetrator but i don't know how you ever fully get over something like that. >> vallejo police have apologized to the couple but are facing a civil rights lawsuit the next hearing in the case is set for august. >>> it was an emotional farewell to a 16-year-old girl shot last week in oakland. >> whe

. >> for the first time, aaron quinn's mother and brother saw matthew muller in person. he is accused of breaking into a vallejo home, drugging quinn and his girlfriend before kidnapping hoskins. >> the law enforcement response has -- were almost equally traumatic for them. >> they saw because after huskins turned up, vallejo police called the kidnapping a hoax. >> to go from this terrible, violent ordeal to then being accused on international media of being liars. >> an accusation that may have stuck if it weren't for a later dublin home invasion. dublin police bypassed the locked phone by calling 911, eventually leading them to the south lake tahoe home, where they found muller and evidence linking him to the vallejo kidnapping. >> if it hadn't been for the dublin police, matt muller would still be out there. >> the warrantless search of the phone violated his fourth amendment rights. the judge disagreed, saying muller didn't have a reasonable expectation of privacy when he broke into the home. >> the fourth amendment is a critical piece of our society. it's definitely

the attorney for matthew muller says they went through muller's cell phone that he left behind while fleeing. investigators say after unlocking the phone they were able to tie muller with the abduction of huskins. that case made headlines worldwide when vallejo police labeled it as a host and then reported that the kidnapping really did occur. >>> a petition has been submitted to governor jerry brown asking him to keep a follower of charles manson behind bars. sharon tate's sister presented 140,000 signatures to the governor's office yesterday. this is all in an effort to prevent the release of leslie houton. she is accused of killing a woman. >> how many breaks do our family members get? are they coming back? this is not an accidental situation. this is a woman that conspired to murder my sister and then proceeded doing happy dance to go get labianca the next night. >> the recommendation is expected to go to governor jerry brown in august and he will have until mid-september to block her release. >>> three men are being hailed as heros for saving a woman they say was being tapped an

. >> reporter: the man accused of causing the trauma, matthew muller has been behind bars, but tuesday, he stood shackled in chains, hoping the judge would throw out crucial evidence. the hearing was to see if the cell phone could be used. months after the kidnapping, dublin police found the phone at the home that the suspect admitted to burglarizing. dublin police bypassed the lock screen by calling 911, and asked dispatchers for the number. after obtaining the number, investigators got a warrant and found out through the phone provider that it was registered to his stepfather. documents show that information led investigators to the family home in south lake tahoe, when they found drones, video cameras, and other evidence that tied him to the dublin home invasion, and vallejo kidnapping. >> the defense argued the phone evidence should be tossed out because the dublin police illegally searching the phone and violated his fifth amendment right. but prosecutors claimed he abandoned the phone during the burglary, and there for, lost his right to privacy. and because of the surge against

the lawyer for the suspect, matthew muller, says muller was arrested just because he left his cell phone behind after breaking into a home last year in dublin. the lawyer says police illegally searched that phone to find out who owned it. prosecutors object. they say a burglar can't expect privacy for an item left behind. investigators say after unlocking that phone they were able to connect muller with the kidnapping of denise huskins a few months earlier. vallejo police mistakenly labeled that case a hoax. investigators later admitted the kidnapping occurred. >>> we are following developing news from san francisco where two bicycleises were killed in separate hit-and-run crashes. the first happened 6:00 last night in golden gate park. the second incident occurred about 8:30 in the south of market area. in the first crash, witnesses told police the driver in a white honda fit was speeding and driving erratically. now, they say he slammed into a woman on a bike coming from the opposite direction and then the car took off and the driver abandoned the carlos than a mile a-- carlos than a -

the attorney for the suspect matthew muller said police illegally accessed a cell phone while she leftsay a rob kerr not expect privacy for any item left behind. after up locking the phone they linked muller with an abduction. and police mistakenly labeled it as a hoax then later admitted that the kidnapping kid occur. if convicted mull core face life in prison. >>> three men are being hailed as heroes for saving a woman who was being stabbed and choked at her home. add we find out, they disregarded their own safety and stobbed the attack. >> the scream pierced through a window from two hours away. >> it was fear, it was deep fear, she ran out as a neighbor was running out. >> it was over in that direction. >> i knew someone was getting hurt. that's -- i knew it was not good. >> he was coaching a softball player when he heard the screaming. he heard the screams and went to the house where she was screaming, i was a man named kevin. he looked through it. without a moment's hesitation jumped up and launched himself over. >> he was he flew over that thing. >> it was amazing. >> charles to

you may remember matthew muller allegedly broke into the home of erin quinn and denise huskins last year. today muller's lawyer is going to try to have all evidence against him thrown out in court later this morning. the evidence was obtained during an illegal search of his cell phone. >>> a dog groomer set to enter a plea in court daichlt he is accused of animal cruelty after a dog died in his care. the 38-year-old was arrested last night after a 1-year-old dachshund henry died suddenly while in his care. the dog suffered broken ribs and a punctured lung. the owners have not commented on the case on advice of their attorney. >>> the search continues for a gunman who opened fire in the east bay. the victim is hospitalized in critical condition. our nbc chopper was over the scene in emeryville last night. officers have been interviewing witnesses. right now no one is in custody. >>> hundreds of evacuees who live in duarte are returning home as firefighters continue to battle a stubborn firefighter. it is 15% contained. most mandatory evacuations in santa barbara county have been listed. t

matthew muller broke into a home last year. investigators say he kidnapped huskins.today her lawyer will try to have all evidence thrown out. he claims the evidence was obtained during an illegal search of his dog phone. >>> a dog groomer sit to enter a plea today. he is accused of animal cruelty after a dog died in his hair. the 38-year-old was arrested last month coming after a 1-year-old dachshund died suddenly while under his care. the dog suffered a broken ribs and punctured lung. owners have not commented on this case on advice of their orrins. >>> new details, the party bus driver who had dozens of teenagers with alcohol and drugs on his bus faced a judge the first time. investigators say onboard that bus they found 33 minors, 30 bottles of hard liquor and a jar of marijuana. he will be arraigned tomorrow. >>> there has been five burglaries or attempted burglaries in neighboring orenda. a homeowner interrupted two burglars. police are warning people to be sure to lock their doors and windows. >>> one man died and a woman hospitalized because of this fire in sa

the attorney for suspect, matthew muller, said police illegally accessed a cell phone that he left behind while fleeing a burglary last year. a judge in sacramento agreed with prosecutors say a suspect cannot expect privacy for an item left behind during a crime. investigators unlocked the phone and say they were able to link muller to the abduction of denise huskins a few months earlier. vallejo police originally called the kidnapping a hoax before later admitting it had actually happened. huskins boyfriend, aaron quinn, was bound and drugged during the incident. his family said the couple is traumatized >> to go from this terrible violent ordeal to them being accused on international media of being liars -- and then the guy is caught -- it's a total roller coaster. they have been better since they caught the perpetrator but i don't know how you ever fully get over a trauma like that. >> alejo police have apologized to the couple but they are now facing a civil rights lawsuit. the next hearing is scheduled for august. >>> it was an emotional farewell to a 16-year-old girl, shot to death

the attorney for suspect, matthew muller, said police illegally accessed a phone that he left behind fleeing a burglary last year. a judge in sacramento agreed with prosecutors saying a suspect cannot expect privacy for an item left behind during a crime. investigators unlock the phone and say they were able to link muller to the abduction of denise huskins if you months early. please call the kidnapping a hoax originally before admitting it had actually happened. the next hearing in the case is set for august. >>> we know the names of two cyclist killed on wednesday and separate hit-and-run crashes. heather miller was killed in a crash in golden gate park. catherine slatery was hit and killed in the south of market area later that night. mayor ed lee said he is outraged. >> they are not accidents. these are tragedies that can be prevented. >> the mayor added the hit and runs were irresponsible and outrageous. the suspected driver in the south of market crash was arrested the golden gate park suspect is still on the loose. san francisco has reengineered certain streets and re-time de

matthew we'll -- matthias muller -- by vowing to accelerate changes.w share price is down almost 24% since the firm admitted to writing tests last september. mitsubishi murders has forecast a for your loss -- mitsubishi motors has forecast a four-year lost. including payments to major clients and suppliers. it will be the carmaker's first loss in eight years and comes after falsifying consumption tests as far back as 1991. -- has reported a climb, the marked down merchandise that was not selling in europe because of wet and wintry weather. -- the disbarment store change rebuild -- the department store sales-- like for like were down in the 15 weeks up to june 11. the margin for 20 16 will be lower than expected. that is the business flash. francine: still with us is david zahn. we heard that iain duncan smith together. marketsd about how the -- how much of this market is driven by brexit concern? how much does it have to do with central banks? it is negative yields pushing down some of the -- david: we have a huge cutie program. -- huge qe program. eve