Summary: Absent your consent to search or a search warrant issued by a judge, in Florida your electronic data is generally protected under the 4th Amendment from illegal searches and seizures.
With all of the new electronic devices today that maintain not only your contacts and calendar but sensitive financial and personal data it's no wonder that many times the best evidence a prosecutor can utilize is your personal cell phone. Fortunately, in Florida for law enforcement to obtain that information absent your consent a search warrant is usually required.
To obtain a search warrant generally, law enforcement must show that they have probable cause to believe that there is relevant information pertaining to a crime committed or about to be committed on the cell phone or other device. Ultimately it's up to a judge to determine whether or not to issue a search warrant for the device. Absent those safeguards, many times an attorney may be able to successfully suppress illegally obtained cell phone data.
Legal Articles Additional Disclaimer