Articles Posted in Cell Phone

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.

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.

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.…

law enforcement generally requires a warrant to search digital information on a cell phone seized from an individual during an arrest.

“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 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…