“we are not inclined to believe that the Fifth Amendment should provide greater protection to individuals who passcode protect their iPhones “ A court in Florida just ruled that a defendant could be forced to provide the password to his iPhone. A distinction is important – they got a search warrant. Without a warrant, the…
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What Happens When Police Search Your Lost Cell Phone That Has Illegal Material On It? The story begins in a Walmart in Florida. The owner lost their phone at Walmart. After he left the phone, it was found, and the owner agreed to pick it up from the store. The owner of the phone failed…
Continue reading ›Cell Phone Search Warrant Up until quite recently, there were exceptions to the general requirement that police get a Search Warrant for a cell phone. Cell phones have been a window into suspects’ activities, as police used these exceptions to get their hands on information found inside mobile devices. Obtaining a Search Warrant for a cell…
Continue reading ›Search Warrant for Cell Phone Handset Required Florida Supreme Court Says a police officer is not authorized to search through photographs and information within a cell phone that was on defendant at time of arrest. Cell phone had been separated from defendant at time of search. Factually, images from defendant’s cell phone depicted a weapon that…
Continue reading ›911 Recording Violates Wiretap Statute Florida Criminal Defense Attorney notes that a call from a 911 dispatcher TO a crime scene violated the Florida Wiretap Statute “section 934.03(2)(g)2, which the court broadly construed to allow an emergency agency to intercept and record any wire communication in order to acquire necessary information to render aid and assistance.” Complete Opinion…
Continue reading ›Cell Phone Searches Tampa Criminal Defense Attorney / Lawyer continues to follow recent developments in the search of cellular telephones / cell phones. One Florida court has just ruled in a 33 page opinion that pictures in a cell phone obtained from a suspect who had been arrested were inadmissible at trial since they had been seized…
Continue reading ›What About the Feds on Twitter? Most Twitter multimedia is handled by 3d party links. Twitter allows both public or private updates. On Twitter Direct messages are private and the sender can delete these messages. the feds noted that short URLs used to serve malicious links and code. Today we learned the feds will seek…
Continue reading ›“user of cell phone has no expectation of privacy in cell phone records of the cell towers” Cell Phone Tower Location Data Historical cell phone records of the tower sites used by a defendant were deemed admissible and efforts to suppress the records were for naught. The Florida Court found that the user of cell phone has no expectation of privacy…
Continue reading ›“police violated the Fourth Amendment prohibition of unreasonable searches by tracking his movements 24 hours a day for four weeks with a GPS device they had installed on his Jeep without a valid warrant” GPS Trackers and the Fourth Amendment Tampa Drug Charge Defense Lawyer, Attorney W.F. “Casey” Ebsary, Jr. reviewed an interesting appeals court decision…
Continue reading ›Search Warrant for a Cell Phone Tampa Technology Lawyer and Criminal Defense Expert, W.F. ”Casey” Ebsary, Jr. in Florida has spent time reviewing a rather interesting Search Warrant for a cellular telephone. Specifically, an iPhone that Apple Computer Corporation wanted to retrieve. Take a look at the 22 page warrant and what was seized for yourself: Cell phones, text messages, and email are a frequent target of state…
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