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

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


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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