Herring v. State » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Herring v. State

Herring v. State

Case Date: 05/22/2015
Citation: Herring v. State, 168 So. 3d 240 (Fla. 1st DCA 2015)
Court Type: District Court of Appeal
Court: Fla. 1st DCA
Judge: Judge: L. Clayton Roberts
Rule(s): 4th Amendment
Issues:

Defendant file a motion to suppress, alleging the State violated his Fourth Amendment rights through the warrantless possession of real time cell site location information (CSLI).

Resolution:

The Court reversed the trial court’s ruling, and held that Defendant’s Fourth Amendment rights were violated. The Court stated there is an expectation of privacy in cell site location information, as evidenced by the recent Tracey Florida Supreme Court case. Because there was never any binding precedent stating that the usage of cell site location information did not violate privacy, the good faith exception did not apply. Further, although exigent circumstances existed for the cell location tracking, the State had time to get a warrant, which made the exigent circumstances exception non-applicable.

Relevant Documents:

Appellant’s Reply Brief

Appellee’s Answer Brief

Initial Brief on Merits

Decision

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: Cell Site Location Information (CSLI), Preservation and Collection
E-discovery subjects: Cell phone

Published: December 28th, 2017

Category: Uncategorized


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