Comments on: Florida Supreme Court: Cant search cellphone without a warrant.

By: ds

ds — Fri, 07 Jul 2017 02:40:09 +0000

In reply to Janice. @Janice Don't vote for rick scott

By: Janice

Janice — Tue, 04 Jul 2017 20:04:16 +0000

My son is sitting in prison for 4 years for this very same thing. No warrant was obtained for his cell phone. They took him to a house and plugged his phone in and took all the information off from it. He was also given 1 year of a tether and 9 more years of probation once he gets out PLUS the label of sex offender for life!! He was on an adult site and lured to the police…Our legal system needs an overhaul. My son’s life means nothing to the state of Florida because he was poor and could not afford a lawyer. Makes me sick to my stomach!!!

By: Karen

Karen — Tue, 04 Jul 2017 11:32:12 +0000

I would think then that that evidence would now become “fruit of the poisonous tree” in his case. This is a very important decision. I wonder how this plays out for traffic stops? In other words, the texting while driving thing….I have heard of at least 2 young people that were stopped for traffic violations and the officer took their cell phone to see if they were texting at the time ….. no warrant and technically a traffic stop is an arrest (you know that you are not free to leave without consent of the officer after the commission of an infraction – that is the definition of an an arrest)

By: Florida Action Committee

Florida Action Committee — Mon, 03 Jul 2017 17:16:44 +0000

In reply to George. You will have to consult with your attorney whether this issue has been properly preserved for appeal.

By: George

George — Mon, 03 Jul 2017 16:57:12 +0000

Can this ruling be applied to past cases where an appeal is being sought?

By: Capt Charles Munsey Jr. USN (Ret)

Capt Charles Munsey Jr. USN (Ret) — Mon, 03 Jul 2017 15:58:02 +0000

Bravo Zulu for the Constitution. Slowly our justice system is waking up to it. By the way, what ever happened to the provision outlawing ‘entrapment’? I don’t worry about it but some of our law enforcement agencies need to…breaking the law to catch law breakers doesn’t make either right. Two wrongs do not make a right.