PDA Searches
Summary: Absent your consent to search or a search warrant issued by a judge, in Florida your electronic data is generally protected under the 4th Amendment from illegal searches and seizures.
PDA Searches
With all of the new
electronic devices today that maintain not only your contacts and calendar but
sensitive financial and personal data it's no wonder that many times the best
evidence a prosecutor can utilize is your personal cell phone.
Fortunately, in
Florida for law enforcement to obtain that information absent your consent a
search warrant is usually required.
To obtain a search
warrant generally, law enforcement must show that they have probable cause to
believe that there is relevant information pertaining to a crime committed or
about to be committed on the cell phone or other device. Ultimately it's up to
a judge to determine whether or not to issue a search warrant for the
device. Absent those safeguards, many
times an attorney may be able to successfully suppress illegally obtained cell
phone data.