Articles Posted in Cell Phone

“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…

Computer Crimes Experts, Cell Phones and SD cards Recently I reviewed a computer crime case where the dates on files on an SD card seized by the police, examined by the police computer forensic laboratory, and by a defense expert in computer forensics showed some unusual patterns in the dates of files that allegedly contained…

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…

“electronic devices will be removed from all members of a jury panel before jury deliberations begin” Jurors and Cell Phones In a mere 43 pages, the Florida Supreme Court has told judges, civil, and criminal defense lawyers how to address widespread use of electronic devices by jurors in courts. We now have guidance on what…

Law Enforcement and attorneys for the other side have a team working against you. Why not have your own Forensics Team working for you? More than ninety percent (90%) of documents are now created electronically, and less than thirty percent (30%) of those electronic documents are ever converted to paper. Rules on preserving electronically stored…

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…

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…

Cell Phone Search Warrant Update Florida Criminal and DUI Defense Attorney notes a Federal Court has lined up with the Florida Supreme Court in condemning warrantless cell phone searches “ on a cell phone, carried on the person. Allowing the police to search that data without a warrant any time they conduct a lawful arrest would,…

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…

“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…