State v. Felix
State v. Felix
| Case Date: | 10/06/2006 |
| Citation: | State v. Felix, 942 So. 2d 5 (Fla. 5th DCA 2006) |
| Court Type: | District Court of Appeal |
| Court: | Fla. 5th DCA |
| Judge: | Judge: David Monaco |
| Rule(s): | 4th Amendment |
| Issues: | The Court reviewed the trial court’s granting of Defendant’s motion to suppress and examined whether the search warrant was properly issued. |
| Resolution: | The Court reversed the trial court’s decision. It held that the period of five months between the initial offense and the warrant did not make the warrant stale, since those in possession of child pornography tend to keep it for long periods of time. Further, although the warrant did not specify Defendant’s new address, it was reasonable to assume that a personal computer would be located at an individual’s residence, meaning there was a likelihood of finding evidence on Defendant’s computer at his new location. |
| Relevant Documents: | |
| E-Discovery Issues: | Admissibility, Motion to Suppress |
| E-discovery Tags: | IP Address, Possession or Control, Preservation and Collection, Privacy, Sources of ESI |
| E-discovery subjects: | Computer, Hard drive, Photographs |