in florida how specific does a search warrant need to be on a cell phone?

[veleztm]

What is the name of your state (only U.S. law)? florida

 

[quincy]

What is the name of your state (only U.S. law)? florida

What is your personal concern with cell phone searches? Or are you just curious?

Here are links to two Supreme Court cases, Riley v. California and U.S. v. Wurie:

Riley:
https://www.supremecourt.gov/opinions/13pdf/13-132_819c.pdf (or, if this link doesn't work)
http://www.scotusblog.com/case-files/cases/riley-v-california


Wurie:
http://www.scotusblog.com/case-files/cases/united-states-v-wurie/

 

[veleztm]

more specifically, the warrant has two defendants names on it, and does not specify what was being searched for

 

[quincy]

more specifically, the warrant has two defendants names on it, and does not specify what was being searched for

Because of the amount of personal information that is now stored on cell phones, the search warrant should have search parameters narrow and specific enough so that privacy is not unnecessarily invaded. In other words, the search of the cell phone cannot be an unlimited search of the contents of a phone. The warrant should be no different than warrants to search computers.

 

[CdwJava]

Okay, there are two defendants on it. The key is the place to be searched and what was to be searched for. The copy you receive may not have to include all that info, or, there could be some other exception in FL.

If the warrant was somehow defective, your attorney can make a motion to have any evidence excluded.

 

[quincy]

If you are the subject of a warrant issued for a search of your cell phone, you really need to have an attorney available to act on your behalf.

 

[veleztm]

my son took a plea on bad legal advice from his lawyer, nothing was challenged by him. the only way to change the charge now is to find something in his case that is reversible to bring it back to court

 

[veleztm]

Because of the amount of personal information that is now stored on cell phones, the search warrant should have search parameters narrow and specific enough so that privacy is not unnecessarily invaded. In other words, the search of the cell phone cannot be an unlimited search of the contents of a phone. The warrant should be no different than warrants to search computers.

thats what my son is finding out, now im trying to find a way to help him with it

 

[CdwJava]

my son took a plea on bad legal advice from his lawyer, nothing was challenged by him. the only way to change the charge now is to find something in his case that is reversible to bring it back to court

And what does his appellate lawyer have to say on all of this? An appeal is NOT a do-it-yourself project, and certainly not a parent-do-it project.

 

[quincy]

thats what my son is finding out, now im trying to find a way to help him with it

You really need to find an attorney to help your son.

It could be that the consequences of accepting a plea deal were not explained to your son's understanding by his previous attorney but this would be a stretch. The judge will not accept a plea if s/he believes the defendant does not understand what it is he is pleading to.

Here, because I have it on hand, is an 11th Circuit case from April of this year where the Appeals Court found evidence from a warrantless search of cell phones incident to an arrest was admissible.
USA v. Alejandro Barron-Soto: http://media.ca11.uscourts.gov/opinions/pub/files/201314731.pdf

And here is a link to Florida State Attorney Jerry Hill's webpage with a good overview provided by Assistant State Attorney Wade Warren, on cell phone searches since the US Supreme Court decisions in Riley and Wurie: http://www.sao10.com/pdf/legal_advisor/2016/June2016.pdf

Again, though, if you want to help your son, you will need to find an attorney in your area to personally review the facts of the case, and to see what evidence was obtained from the cell phone search and how it was used in the case against your son. I agree with CdwJava that this is not a do-it-yourself project.

Good luck.