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Warrantless Search of Cell Phone Illegal

Posted by John P. Rutkowski | Jun 29, 2017 | 0 Comments

Criminal law -- Search and seizure -- Good faith exception to warrant requirement -- In conducting warrantless search of cell phone, officers could not rely in good faith on district court of appeal decision which was under review by Florida Supreme Court.

In this case officers confiscated a cell phone they believed contained sexually explicit photographs of minors. After seizing the phone police, without a search warrant, had a forensic examination conducted. The examination revealed several explicit photographs. The defendant moved to suppress the photos based upon the warrantless search. The State argued the police acted in good faith when they relied on a case which was under review by the Florida Supreme Court, however, the Supreme Court ruled because the case under review was not settled the State could not rely on it to justify a good faith exception to the warrant requirement. 

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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