Florida Search and Seizure - Smartphone - Expectations of Privacy

From Sarasota, Florida, to Spokane, Washington, most Americans have and make use of cell phones day-after-day. Are you aware of what happens to your smart phone if you are arrested for a criminal offense? If the arrest takes place in Sarasota, Florida, your mobile phone likely will be seized by the police susceptible to search. The Florida Supreme Court recently ruled in Smallwood v. State that it is by and large okay to seize a cell phone if it is discovered on the person during arrest. However, the Florida Supreme Court ruled that searching a smart phone following arrest is unconstitutional without first receiving a search warrant that describes the probable cause and facts which make a case for the search of the cell phone. Before the advent of cell phones regulations allowed law enforcement officials to search containers discovered on the arrestee's person. The rationale to allow the search of a cigarette case does not pertain to a cell phone. Modern devices have the capacity for storing enormous volumes of private information. "Individuals can store highly personal data on their cell phones, and can record their most private thoughts and interactions on their smartphones through email and text, voice, and instant messages." Before Smallwood case, the authorities in Florida could search all the stuff in an arrestee's cell phone if the phone was discovered on the defendant's person and seized incident to his lawful arrest. This allowed police to find evidence of not only the crime for which the defendant was arrested but in addition allowed for finding totally irrelevant evidence that could incriminate the individual including drug offenses, fraud and sex crimes. In order to search an arrestee's cell phone within the current law in Florida, the officer must establish probable cause "that evidence of a crime is likely to be located on the cell phone prior to searching it." The defendant's expectation of privacy in the information on his cell phone is thus protected under the Fourth Amendment to the US Constitution, and Article 1, Section 12, of the Florida Declaration of Rights. If you don't know your rights there's no way to win in court. If you or a loved one requires is charged witha crime involving searches and seizures of cell phones and computers, you need a Florida Bar Board Certified Criminal Trial Lawyer in Sarasota, Florida, with experience defending cases. For more free information, please feel free to get in touch with (941) 366-7997 today for a complimentary discussion.

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