Articles Posted in Search Warrant

Can the Police Force You to Give up the Password to Your Phone?
Law Office of W.F. ''Casey'' Ebsary Jr

“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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Spend 600 Months In Prison When Police Search Lost Cell Phone
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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History of Cell Phone Searches
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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Search Warrant for Cell Phone Handset – Required Florida Supreme Court Says
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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911 Recorded Call Violates Florida Wiretap Statute
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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Cell Phone Search Incident to Arrest
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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Feds on Twitter | 2702 Short Cut Search Warrant
Law Office of W.F. ''Casey'' Ebsary Jr

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…

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Cell Phone Tower Data Admissible
Law Office of W.F. ''Casey'' Ebsary Jr

“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…

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GPS Tracking Requires Search Warrant
Law Office of W.F. ''Casey'' Ebsary Jr

“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…

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Search Warrant | I Phone | Cell Phone | Florida Attorney
Law Office of W.F. ''Casey'' Ebsary Jr

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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