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Bill Would Require Warrant For Cell Phone Searches
March 5, 2013
Police would need court approval to seize pictures, text messages or other material on cell phones or other personal electronic devices under a bill approved Monday by a Senate committee over the objection of police and prosecutors.
“It’s very important that we secure information that I believe is private,” said the bill’s sponsor, Sen. Jeff Brandes, citing the proliferation of personal information that now is stored on people’s cells and tablets.
The Senate Criminal Justice Committee approved the bill (SB 846) on a 5-2 vote, sending it next to the Judiciary Committee. It also needs approval from the Appropriations Committee before it can go to the floor. A House companion bill (HB 797) by Rep. Carlos Trujillo, R-Miami, is awaiting its first committee hearing.
Currently, police can search the possessions – including the contents of a personal electronic device – of someone who is arrested. The bill would require a warrant except under certain circumstances, including scenarios related to national security and missing children.
The bill also would require police to get a court to sign off on informational tracking of an electronic device for investigative purposes.
Law enforcement officials noted that the question of search and seizure rules related to personal electronic devices are the subject of two cases pending before the Florida Supreme Court.
In Smallwood v. State, a cell phone search was upheld by the 1st District Court of Appeal, though it asked the state Supreme Court to weigh in. In Tracey v. State, the 4th District Court of Appeal ruled on real-time tracking of such devices, finding that people have no real expectation of privacy while driving around on the open road – but also acknowledged that the changing nature of technology for cell phone tracking begged for a higher court ruling on the issue.
The top lawyer at the Florida Department of Law Enforcement said lawmakers should wait to avoid a situation where the new law might be at odds with a Supreme Court decision.
“We’ll be in a mess trying to figure out … what is the law,” said Michael Ramage, FDLE’s general counsel.
But Brandes, R-St. Petersburg, brushed off the idea of waiting for a court ruling. Courts, interpret the laws legislators write, he said.
“We are elected to make them,” said Brandes. “We’d be sending a strong message to all Floridians that this Legislature will stand up for the Fourth Amendment to the (U.S.) Constitution.”
Sen. Rob Bradley, R-Fleming Island, who was a prosecutor in the 1990s, and Sen. Charlie Dean, R-Inverness, a former sheriff, voted against the bill.
By David Royse, The News Service of Florida
Comments
5 Responses to “Bill Would Require Warrant For Cell Phone Searches”
Tbh this is ridiculous…this is our privacy that’s the whole point of talking on the phone when u can’t talk face to face at times! This world since Obama is still n office will never b fair r we the people whom DID NOT VOTE FOR OBAMA now have to suffer for his selfish ways not just focusing on this issue!!!! But its great they r going to require a warrant that’s the way it should b but do u really believe a dishonest LEO is going to wait for a warrant NO!!!!!! They themselves will then b breaking the law sooo is anything going to happen to then r jus another sweep under the table! Before Obama’s term is over & maybe not trying to rush time maybe it’ll go by really fast but who knows next they’ll have us innocent people on satellite cams telling us what kinda under garments we can & cannot wear!!!!! Think bout it people is this how we wanna live…w/o privacy!!!
I couldn’t agree more with CITIZEN! When something tragic happens to you, a family member, close friend, or someone else that you care about and nothing can be done until a warrant is signed……you will be the 1st one crying the LEO office is NOT doing their jobs. Failing to realize you were one of the individuals that voted for this bill to be passed.
If you don’t have anything to hide……you won’t have a problem, just that simple!
As a retired LEO, I can tell you that these Laws just make your job harder to do. When I was assigned to Narcotics, we would use the information off the phones to see who all was involved in the drug deal, it helps find locations where more drugs are being stored as well as money. If it’s 2 am and the Judge is in bed and you wake him up to get a Search Warrant signed for a phone, he/she will be pissed [never fails]. If you don’t wake them up and decide to wait till working hours, then you chance losing any/all other evidence you could have collected that night with the information off the phone. With this in mind, if you support this Bill, then you deserve the next door neighbor that keeps getting away with selling all the drugs he can get his hands on, the traffic, shootings etc.. Just my thought
“Sen. Rob Bradley, R-Fleming Island, who was a prosecutor in the 1990s, and Sen. Charlie Dean, R-Inverness, a former sheriff, voted against the bill.”
What happened to upholding the constitution? A warrant is required to search your home for photos , documents and more, how is a cell phone any different?
People’s rights need to be protected. The Constitution is more than a door mat for the politicians to wipe their dirty feet on. I for one am glad to see this bill.