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Florida Court: Cops Can Search Cell Phone
June 17, 2012
A state appeals court Friday ruled that police could search the cell phone of a man arrested on drug charges, but it also called on the Florida Supreme Court to take up the issue.
The 5th District Court of Appeal overturned a Brevard County circuit judge’s ruling that tossed out evidence found in text messages on the phone. Police did not obtain a search warrant before searching the phone of Ricardo Glasco, who was arrested for possession of cocaine with intent to sell or deliver, possession of cannabis and use or possession of drug paraphernalia, according to the ruling.
Police officers searched the cell phone while Glasco was being processed into jail.
“Text messages retrieved from the cell phone revealed that Glasco had cocaine he intended to sell,” the ruling said.
The three-judge panel relied heavily on similar rulings in the 1st District Court of Appeal that said evidence obtained in cell phones should not be suppressed.
By The News Service of Florida
Comments
8 Responses to “Florida Court: Cops Can Search Cell Phone”
A cell phone containing pictures or texts is no differnt than a photo album and notes in your pocket. Police can search those without a warrant when you are lawfully arrested. A cellphone contains those item but only in digital format. If your family member was harmed and an arestee had evedince in his phone about his involvement in that crime do you think evidence should not be found and he should not be charged with that crime just because he has the evidience in digital format and never printed it out? Of course not!
Search incident to arrest includes searching for further fruits of the crime in the accused person’s possession or within immediate access to that person. That means that if an officer has charges on you for drugs, for example, you and your immediate area can be searched for fruits of the crime which is alleged to be, or has been, occurring. If you are in possession of a cell phone, and probable cause immediately exists for distribution of narcotics, it is reasonable(and common) that evidence is contained within the cell phone because they are used for the necessary communication to distribute narcotics. Therefore the phone is able to be searched without warrant for fruits of the crime that is being committed.
REGARDING:
“If a person is caught committing a felony, in other words violating the general public’s right to a safe and lawful existence, then that person has just forfeited all his rights as a law abiding citizen.”
Not really true.
Even felons have certain rights under the Constitution. For one thing, even if caught red-handed, they aren’t convicted until a judge and/or jury says so. Which brings up the fact that they can opt for a jury trial or a judge only trial.
They have the right to a speedy trial, lest they be kept in jail for years, accused but unconvicted.
They have the right to face their accusers, no secret or made-up charges.
They have the right to an attorney.
They don’t have to testify against themselves.
They have the right to compel any witnesses they can come up with in their defense.
They have a right to be freed under reasonable bond.
Their punishment can’t be cruel and unusual.
If found guilty, they have the right to appeal their case.
Many think that all who are accused of any crime should be shot dead on the spot, but the people of the nation accepted these limitations on the power of the government to punish both the accused and the convicted. They had seen too many times when governments abused the power to punish those who didn’t bow properly to them and didn’t want to risk it for themselves or their children.
David thinking the guilty
are still convicted and punished
CONSIDERING:
“What the Fla police are doing is called fishing for justification ”
Generally speaking, the original charge has to be valid for any information gleaned from the arrest to be acceptable.
“search the cell phone of a man arrested on drug charges”
They aren’t searching then arresting, they are arresting then searching.
The usual justification for searching the effects of someone arrested is to look for possible weapons like the one the gentleman used a few months back to murder a Mobile police officer. That wouldn’t apply here. So, yes, it is a fishing expedition under the thought that one crime has been committed and it looks like it was set up as a business, not a one-time thing. It’s also called “following a lead.“ That would actually be probable cause, but should be sufficient to get a search warrant too.
I know it’s hard on cocaine dealers that they have to be careful in use of cell phones, but how much privacy do cell phone users expect? They frequently lose their phones. The signal is going through towers which can easily track them. Every cell phone has GPS which can be used to track its location at all times.
Personally, I would opt for getting a search warrant to be covered if future rulings overturned it and they MIGHT.
David for good record keeping
to improve law enforcement
If a person is caught committing a felony, in other words violating the general public’s right to a safe and lawful existence, then that person has just forfeited all his rights as a law abiding citizen. Everything this person has and owns must be subject to search and investigation. This is to prevent further criminal activity, to prevent harm and danger to law enforcement officers and to determine the extent of criminal activity and persons involve.
Fifth amendment breach. I expect any information MY cell phone has of any interest to the police is personal to me and covered by the 5th. and other rights It holds the same weight as a phone tap. Supreme Court will find for the 5th Right. What the Fla police are doing is called fishing for justification and without probable cause … Get a warrant.
Where are our rights?! We already live in a fishbowl with cameras watching our every move. Some things just need to be private.
A search warrant should be required to search someones personal cell phone.