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

Tracey v. State

Tracey v. State

Case Date: 10/16/2014
Citation: Tracey v. State, 152 So. 3d 504 (Fla. 2014)
Court Type: Florida State Court
Court: Florida Supreme Court (Fla.)
Judge: Chief Justice (CJ): Jorge Labarga
Rule(s): 4th Amendment
Issues:

Broward County officers obtained an order granting the right to install pen register and “trap and trace devices,” but did not obtain an additional order to track Defendant’s cell site location information. Defendant motioned to suppress, alleging his Fourth Amendment rights were violated.

Resolution:

The Court stated that Defendant’s motion to suppress should have been granted. Although Defendant was using public roads while being tracked with cell site location information, Defendant still had an expectation of privacy. The use of Defendant’s cell location information constituted a search, and probable cause was necessary to obtain the information. Because there was no probable cause for the search, and no warrant was issued based on probable cause, the Court ruled that Defendant’s motion to suppress should be granted.

Relevant Documents:

Opinion

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

Published: December 27th, 2017

Category: Uncategorized


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