Cell phones are more than communication devices—they hold a detailed record of our lives. In Florida and across the United States, courts have recognized the sensitivity and depth of this information. At the Law Office of W.F. “Casey” Ebsary Jr., we stay at the forefront of privacy law developments, especially those concerning cell phone searches in criminal investigations.
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What Is the Border Search Exception Under the Fourth Amendment?
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. However, an important exception applies at the border: routine searches of people and property at U.S. borders (including international airports and seaports) do not require a warrant, probable cause, or even reasonable suspicion.
Continue reading ›Cell Phone Searches – Supreme Court Update: “Chief Justice John Roberts delivered the opinion of the Court, concluding that a warrant is required to search a mobile phone.[8] Roberts wrote that it fails the warrantless search test established in Chimel v. California.” “The Supreme Court granted certiorari review in two similar cases, both used with…
Continue reading ›Cell Phone Search | Evidence Suppressed Criminal Defense Attorney / Lawyer notes a recent Cell Phone Search ruling on a Motion to Suppress Evidence, filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Search and seizure law can apply to cell phones. Lately cops have been searching the phones and calling them a Search incident to arrest. Sometimes cops claim they…
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