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: | |
| 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 |