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

United States v. Gomez

United States v. Gomez

Case Date: 08/31/2011
Citation: United States v. Gomez, 807 F. Supp. 2d 1134 (S.D. Fla. 2011)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Edwin G. Torres
Rule(s): 4th Amendment
Issues:

Defendant moved to suppress evidence from the warrantless search of his cell phone, alleging violations of his Fourth Amendment rights.

Resolution:

The Magistrate recommended that Defendant’s motion to suppress be denied, and the Court accepted the recommendation. Defendant’s cell phone was seized incident to a lawful arrest, and exigent circumstances existed that gave authorities the right to search Defendant’s cell phone without a warrant. Defendant’s phone rang multiple times while in custody with a clearly displayed name on the cell phone in plain view. Further, Defendant was arrested while transporting drugs and the search of his cell phone call history was arrest-related evidence.

Relevant Documents:

Motion to Suppress (Doc. 37)

Response in Opposition to Motion to Suppress (Doc. 41)

Order on Motion to Suppress (Doc. 48)

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: Possession or Control, Preservation and Collection, Privacy, Sources of ESI
E-discovery subjects: Cell phone, Text message

Published: January 12th, 2018

Category: Uncategorized


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