Search Warrant | Cell Phone 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, in our view, create “a serious and recurring threat to the privacy of countless individuals .” Gant, 556 U.S. at 345; cf. United States v. Jones, 132 S.Ct. 945, 950 (2012)(“At bottom, we must ‘assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.’ “ (quoting Kyllo v. United States, 533 U.S. 27, 34 (2001))). We therefore reverse the denial of Wurie's motion to suppress, vacate his conviction, and remand for further proceedings consistent with this opinion."

Federal Court Cell Phone Search Opinion here:

http://centrallaw.com/Cell%20Phone%20Search%20Wurie11-1792P-01A.pdf

The Florida Supreme Court ruling is here:

http://centrallaw.blogspot.com/2013/05/police-officer-not-authorized-to-search.html