Articles Posted in Search Warrant

Cell Phone Searches History Updated 2025
Law Office of W.F. ''Casey'' Ebsary Jr

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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Border Searches and Electronic Devices: Know Your Fourth Amendment Rights
Law Office of W.F. ''Casey'' Ebsary Jr

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.

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

Cell Phone Tower Location Data As of 2025, historical cell phone records of the tower sites used by a defendant are still admissible in court. Florida courts have consistently ruled that a user of a cell phone has no reasonable expectation of privacy in the records of the towers their phone connects to during calls.…

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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” Why You’re Here: Can Police Use a GPS Tracker Without a Warrant? GPS Trackers – Have you discovered you were tracked…

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

Search Warrant Cell Phone: Protecting Your Rights in Florida | W.F. “Casey” Ebsary Jr. In the digital age, your cell phone holds a vast repository of personal information, making it a prime target for law enforcement. If you’re facing a search warrant cell phone scenario in Florida, understanding your rights is paramount. A search warrant…

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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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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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