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

United States v. Tatro

United States v. Tatro

Case Date: 05/31/2016
Citation: United States v. Tatro, Case No. 6:15-cr-176-Orl-37KRS, 2016 WL 3059542 (M.D. Fla. May 31, 2016)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Roy B. Dalton Jr.
Rule(s): 4th Amendment; 5th Amendment
Issues:

Defendant filed two motions to suppress. In the first motion to suppress, Defendant alleged that the issued search warrant did not cover his cell phone, and therefore the search of his cell phone amounted to a violation of his Fourth Amendment rights. In the second motion to suppress, Defendant alleged that his incriminatory statements were made in a situation where he did not knowingly waive his Miranda rights due to his diminished intellectual capacity, leading to a violation of his Fifth Amendment rights against self-incrimination.

Resolution:

The Court denied both motions to suppress. With respect to Defendant’s Fourth Amendment claim, the search warrant contained language such as “pocket computer” that sufficiently encompassed the search of Defendant’s cell phone. Further, Defendant’s Fifth Amendment claim was similarly without muster, since Defendant’s conduct showed a knowing and intelligent waiver of his Miranda rights.

Relevant Documents:

Motion to Suppress Statements (Doc. 58)

Motion to Suppress Evidence Outside Scope (Doc. 59)

Response to Motion to Suppress (Doc. 69)

Order on Motion to Suppress (Doc. 79)

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: IP Address, Preservation and Collection, Sources of ESI
E-discovery subjects: Cell phone, Computer, SD card

Published: December 28th, 2017

Category: Uncategorized


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