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

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:

Decision

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

Published: January 18th, 2018

Category: Uncategorized


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