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

Cell Phone Search, iPhone Search Warrant, Search warrant

Cell Phone Search, iPhone Search Warrant

 

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:

https://centrallaw.com/BostonMarathonBombingCriminalComplaintTsarnaev.pdf


Excerpts from Special Agent’s Affidavit:


 

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Criminal Complaint Boston Marathon,

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”

Federal Criminal Prosecutions on the Rise – By the Numbers

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Federal Criminal Prosecutions on the Rise

Federal Criminal Prosecutions are up for 2012 in the Middle District of Florida says a United States Department of Justice report. USDOJ  national statistics reveal in 2012, there were 84,307 criminal filings in the nation. In the Middle District of Florida for 2012 there were 1,505 Filings and 2011 had 1,290 filings.

Sadly, drug cases, including marijuana, remained by far the largest category  with 593  of the 1505 total (39%) cases. The next largest number of case filings – Immigration (241 cases) (16%) , then Fraud offenses right behind it at 227 (15%) ; Firearms (Alcohol Tobacco and Firearms –  ATF) Gun cases were next at 171 filings (11%).  In the 11th Circuit there were 2,064 criminal appeals filed in 2012 compared to 1,433 filed in 2011.

Tampa Hillsborough County State Courthouse

Tampa Hillsborough State Courthouse

Tampa Criminal Defense Attorney helps those in need at the Hillsborough County State Courthouse 800 East Twiggs Street Tampa, Florida 33602. This high resolution rendering of the Courthouse was rendered using several processes available in Photoshop and Android photo applications. As a criminal defense attorney, this is one of the places where I help those in need.

Tampa Federal Criminal US District Courthouse

Tampa Federal Criminal Courthouse

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United States District Court Tampa Federal Courthouse

Tampa Federal Criminal Defense Attorney – Photo Credit

 

Tampa Federal Criminal Defense Attorney helps those in need at United States District Courthouse Tampa Federal Courthouse 801 North Florida Ave. Tampa, Florida 33602. This high resolution  rendering of the Tampa Federal Courthouse was  rendered using several processes available in Photoshop and Android photo applications. As a criminal defense attorney, this is one of the places where I help those in need.

Map Tampa Federal Criminal Courthouse

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Federal Pretrial Diversion Update

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Federal Pretrial Diversion, Middle District Florida

Federal Pretrial Diversion

Federal Pretrial Diversion


Tampa Federal Criminal Defense Attorney has  previously covered the Federal Pretrial Diversion here: Federal Pretrial Diversion Eligibility Criteria  According to the Feds, “Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by U.S. Probation. 
 

We just obtained their manual that details the processes used in evaluating these cases for eligibility. The Federal Pretrial Diversion Manual describes the assessment procedure, which is helpful to know in deciding how to help get a defendant into pretrial diversion.

 


Excerpts From the Manual




Defendants and Offenders Subject to the Procedures


Subject to this policy is any person identified, prior to or subsequent to the formal filing of charges, by the United States Attorney’s Office or pretrial services or probation office as a candidate for diversion and who meets the eligibility criteria identified in the United States Attorneys’ Manual, Title 9, Criminal Division, Chapter 22, Pretrial Diversion Program.  The person identified as a candidate for diversion may seek advice of defense counsel and must sign a pretrial diversion agreement.

Impact on a Defendant’s Job and Employment

The officer should obtain details about the candidate’s work history spanning the previous 10 years.  The officer may ask the candidate for a resume to help establish employment history or gather pay stubs and tax records to help verify previous employment.  If documents relating to past employment are not available, the officer should contact collateral sources or former employers to verify past employment.  After investigating and verifying past employment, the officer should ascertain whether employment program referrals are appropriate. If the candidate’s current employment would be jeopardized by an employer’s knowledge of the candidate’s participation in the diversion program, the officer should use pay stubs or other means of verification. The officer also should conduct employment contacts if such contacts will not jeopardize the candidate’s continued employment.

Federal Pretrial Diversion Eligibility Criteria

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Federal Pretrial Diversion PTD

Federal Pretrial Diversion

The Eligibility Criteria for the DOJ Pretrial Diversion Program have been updated.  The disqualifier for having a history of substance abuse (alcohol or drugs) has been removed.

Federal Pretrial Diversion Eligibility Criteria


According to the Feds, “Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.”

The four disqualifiers are now — The U.S. Attorney, in his/her discretion, may divert any individual against whom a prosecutable case exists and who is not:

1.  Accused of an offense which, under existing Department guidelines, should be diverted to the State for prosecution;
2.  A person with two or more prior felony convictions;
3.  A public official or former public official accused of an offense arising out of an alleged violation of a public trust; or
4.  Accused of an offense related to national security or foreign affairs.

Federal Pretrial Diversion a Possibility? Call 813-222-2220 .


Source: https://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/22mcrm.htm#9-22.100/s/Jeff

Criminal Defense – Florida Employee Drug Testing Unconstitutional

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Employee Drug Testing, Drug Testing

Drug Charge Defense 813-222-2220

Employee Drug Testing Unconstitutional


Criminal Defense Attorney has just obtained the full text of a Florida Federal District Court ruling on employee drug testing. The court found where there is no legitimate safety concern, drug testing without probable cause violated the Fourth Amendment.

Case Excerpt:

Great news for Employees subjected to Florida Employee Drug Testing  – Unconstitutional Court says, “The [employee’s] Union here asks for a permanent injunction, which requires three elements: 1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. (citation omitted). Here, the Court finds that the EO [Executive Order 11-58], as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it.” Defense Attorney Courtesy Copy of Complete Employee Drug Testing Opinion is here.


Drug Testing Problem? Call Casey at 813-222-2220 .


 

Tampa United States Attorney – Office

 

Finished another Criminal Defense morning at the United States Attorney’s Office Building in the Middle District of Florida – Tampa Division in Florida.

400 N Tampa St, Tampa, FL 33602, USA

Help Need Here? Call Casey 813-222-2220 .

 

Criminal Defense morning at the United States Attorney's Office Building in the Middle District of Florida - Tampa Division

Criminal Defenseat the United States Attorney’s Office Building in the Middle District of Florida – Tampa Division

 

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United States Attorney’s Office Tampa, Florida