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

United States v. Mitchell

United States v. Mitchell

Case Date: 07/22/2013
Citation: United States v. Mitchell, No. 3:11–cr–248(S1)–J–34TEM, 2013 WL 3808152 (M.D. Fla. July 22, 2013)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Judge: Marcia Morales Howard
Rule(s): 4th Amendment
Issues:

Defendant filed three motions to suppress. In the first motion, Defendant alleged that the search and seizure of a car was invalid because of improper motives and that the search of iPads and an iPhone was invalid due to a lack of consent. In the second and third motions, Defendant moved to suppress recorded conversations made with his current attorney and with another attorney Defendant was considering as new defense counsel.

Resolution:

The Court denied Defendant’s first motion because law enforcement had probable cause to seize Defendant’s vehicle and had consent from a local attorney associated with Defendant to examine the contents of the iPhone and iPads. The Court also denied Defendant’s second and third motions because Defendant spoke with the attorneys on the phone despite having knowledge that his calls were not confidential and were being recorded.

Relevant Documents:

Motion to Suppress Evidence (Doc. 52)

Motion to Suppress Evidence (Doc. 55)

Response in Opposition to Motion to Suppress (Doc. 66)

Response in Opposition to Second Motion to Suppress (Doc. 67)

Authorized Third Motion to Suppress (Doc. 189)

Response in Opposition to Motion to Suppress (Doc. 191)

Order on Motion to Suppress (Doc. 247)

E-Discovery Issues: Motion to Suppress
E-discovery Tags: Attorney-Client, Privacy
E-discovery subjects: Phone records

Published: January 24th, 2018

Category: Uncategorized


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