United States v. Bouknight » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States v. Bouknight

United States v. Bouknight

Case Date: 06/15/2020
Citation: 2020 U.S. Dist. LEXIS 104478
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Marcia Morales Howard
Rule(s): Rule 59, Fed. R. Crim. Pro.

The Defendant filed a motion to suppress historically stored data from his cellphone. The Defendant argued that the search warrant lacked probable cause that connected the phone number to him. Additionally, the Defendant argued that the search exceeded the scope of the warrant when the officer collected cellphone data from days not stated in the warrant. Judge Howard had referred the motion to Judge Monte Richardson who recommended denying the motion.


The court adopted the Report & Recommendation of Judge Monte Richardson and denied the motion in part and granted in part. The court held that the officers’ had sufficient probable cause after viewing text messages setting up a drug transaction between the Defendant and a deceased customer. Further, the court held that the issue of connecting the Defendant to the number is an issue for trial and not pertinent for the finding of probable cause. Lastly, the court excluded the data for the days not specified in the warrant, holding that the value deterring such misconduct outweighed the value in admitting the evidence.

Relevant Documents:

Defendant’s Motion to Suppress Historically Stored Data (Doc. 25)

Government’s Response to Motion to Suppress Historically Stored Data (Doc. 31)

Report and Recommendation Regarding the Motion to Suppress (Doc. 39)

Order (Doc. 59)

E-Discovery Issues: Motion to Suppress
E-discovery Tags: Real Time Cell Phone Information
E-discovery subjects: Cell phone, Electronically stored information, Text message

Published: June 27th, 2020

Category: Uncategorized

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