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

Search Warrant for Cell Phone Handset - Required Florida Supreme Court Says

Search Warrant for Cell Phone Handset -
Required
Florida Supreme Court Says

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 resembled the gun stolen from convenience store, as well as defendant and his fiancee posing with stolen money packaged in manner described by the victim, a convenience store clerk.

Cops in the case properly separated and assumed possession of cell phone from defendantin search incident to arrest. The Florida Supreme Court held a  warrant was required before information, data, and content of cell phone could be accessed and searched by law enforcement.  Notwithstanding decisions of other courts, Conformity clause does not meanFlorida courts must apply U.S. Supreme Court's holding in United States v. Robinson in this case.

The Florida Court reasoned that  Robinson not factually or legally on point. Then in a stunner, the court found that the Good faith exception to exclusionary rule does not apply, since no bright-line rule exists for law enforcement officers to rely upon with regard to searches of electonic devices under facts of this case. 

Boston Marathon Bombing Criminal Complaint Download PDF Here

Boston Marathon Bombing Criminal Complaint is available here:

http://centrallaw.com/BostonMarathonBombingCriminalComplaintTsarnaev.pdf

Excerpts from Special Agent's Affidavit:

Boston Marathon Bombing
Criminal Complaint
Download PDF Here

"I submit this affidavit in support of an application for a complaint charging DZHOKHAR TSARNAEV with (1) unlawfully using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against persons and property within the United States ..."

"I have reviewed videotape footage taken from a seculity camcra located on Boylston Street near the corner of Boylston and Gloucester Streets. At approximately 2:38 p.m. (based on the video's duration and timing of the explosions) -- i.e., approximately 1 I minutes before the first explosion --two young men can be seen turning left (eastward) onto Uoylsion from Gloucester Street. Both men are carrying large knapsacks."

"Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cell phone, and keeps it there for approximately 18 seconds. A few seconds afler he finishes the call, the large crowd of people around him can be seen reacting to the first explosion. Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber

Two, virtually alone among the individuals in front of'the restaurant, appears calm."

"In addition, from the scene of the shootout on Laurel Street in Watertown, the FBI has recovered two unexploded IEDs, as well as the remnants of numerous exploded IEDs."

"The remnants of at least one of the exploded IEDs at the scene of the shootout indicate that a low-grade explosive had been contained in a pressure cooker. The pressure cooker was of the same brand as the ones used in the Marathon explosions. The explosive also contained metallic BBs contained within an adhesive material as well as green-colored hobby fuse. The intact low-grade explosive device found in the abandoned car was in a plastic container and wrapped with green-colored hobby fuse."

"On April 21, 2013, the FBI searched DZHOKHAR TSARNAEV's dormitory room at 7341 Pine Dale Hall at the University of Massachusetts at Dartmouth, pursuant to a search warrant. The FBI seized from his room, among other things, a large pyrotechnic, a black jacket and a white hat of the same general  appearance as those worn by Bomber Two at the Boston Marathon on April 15, 2013, and BBs."

"Based on the foregoing, there is probable cause to believe that on or about April 15, 2013, DZHOKHAR TSARNAEV violated 18 U.S.C. $5 2332a (using and conspiring to use a weapon of mass destruction, resulting in death) and 844(i) (malicious destruction of property by means of an explosive devicc, resulting in death). Accordingly, I respectfully request that the Court issue a complaint charging DZHOKHAR  TSARNAEV with those crimes. Special Agent
Federal Bureau of Investigation"

Video - Wish I Had Not Pled Guilty - Madoff Email

Madoff wishes he had not pled guilty to a life sentence. Madoff email says, "From the day of my arrest I offered to assist in recovering the investment principal of my customers. I stated that I was confident that I would be able to convince those parties that were complicit in creating my financial problems, to return the money they withdrew from the investment advisory side of my firm. Those parties were well aware of the incriminating evidence I possessed about their complicit activity and wisely came forward with settlements. It was my belief that it was more important to use the evidence I had to pressure the complicit parties to settle, rather than to use this information for a lesser prison sentence for myself. As remorseful as I am for the pain and suffering I have shamefully caused, I take some comfort in the fact that my assistance will in fact accomplish what I have originally claimed, that with my assistance all of my customers will recover their original investment principal."