Florida Supreme Court Restricts Cell Phone Searches

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent Florida Supreme Court ruling that holds a warrant is required before the content of a cell phone or smartphone may be searched.

Issue:

The Fourth Amendment establishes that, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .”  That said, police regularly search suspects during an arrest without a warrant.  The U.S. Supreme Court has held that police may not require a warrant under the “search incident to arrest doctrine” that provides two exceptions for a valid warrantless search: (1) officer safety, and (2) preservation of evidence.

A recent case in Florida (Smallwood v. State) brought this issue to the State Supreme Court.  Mr. Smallwood was arrested in 2008 and charged with robbery of a Jacksonville convenience store.  Smallwood was arrested 15 days after robbing the store at which time police seized his cell phone and searched its contents while he was held in a police car.  Police identified pictures of the gun used during the robbery, cash, and other evidence that tied him to the robbery.

In a 5-2 ruling, the Florida Supreme Court ruled in the Smallwood case that police must have a warrant before searching the contents of a person’s cell phone or smartphone.

The search incident to arrest exception may only be used when there is either: (1) a reasonable concern for officer safety, or (2) a reasonable danger that the evidence may be destroyed.  The U.S. Supreme Court has held that the reasonableness of a search depends on the “facts and circumstances,” and  the “total atmosphere of case.”

With regards to officer safety, the U.S. Supreme Court has held that the law enforcement officer must have reasonable grounds to fear for his safety for a warrantless search incident to arrest to be considered valid.  The arrestees property no longer poses a danger to  the officer when seized and secured, thus the search no longer falls within the  search incident to arrest exception.

With regards to preservation of evidence, the U.S. Supreme Court has held that the law enforcement officer must have reasonable grounds to believe that there is a possibility for evidence to be concealed or destroyed for a warrantless search incident to arrest to be considered valid.  Once law enforcement has control of the personal property of the arrestee (the cell or smartphone), there is no longer a reasonable danger that the evidence may be destroyed.  Investigatory searches of cell phones not intended to preserve evidence are invalid under the search incident to arrest exception.

Why This Matters To You:

The Florida Supreme Court has created case law under the Smallwood case that now requires a warrant to search a person’s cell phone or smartphone.  The Court stated that, ““Vast amounts of private, personal information can be stored and accessed in or through these small electronic devices…”  The Florida Supreme Court’s ruling does not affect U.S. Supreme Court precedent regarding the exceptions for a valid warrantless search discussed above.  The ruling does however put law enforcement on notice that a valid warrant must be procured before searching a person’s cell phone or smartphone where officer safety or preservation of the evidence is not in question.

Many arrests made in the Tampa Bay area by local law enforcement include a search of the personal property of the alleged offender including in some cases the contents of a cell phone or smartphone.  Alleged criminal offenders that have been arrested by local law enforcement where a search of personal property has taken place may have been arrested using inadmissible evidence that produced potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested in the Tampa Bay area and your cellphone or smartphone was searched incident to arrest, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged criminal offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Pinellas Narcotics Detective Resigns

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent resignation of a Pinellas County Narcotics Detective based on evidence the Sheriff’s Office had against him.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  Allegations of trespassing and lying to get judges to issue search warrants plagued the operation led by Pinellas Narcotics Detective Michael Sciarrino.  Sciarrino was set to be interviewed under oath at an administrative hearing, instead he abruptly quit.  It is speculated that Sciarrino did not want to answer questions under oath after he read thousands of pages of investigative reports compiled by the Sheriff’s Office Internal Investigation Department.




Why This Matters To You:

The continuing turmoil at the Pinellas County Sheriff’s Office places additional doubt on whether or not the group is properly following procedures in many areas.  These events also cast doubt that Sheriff’s Officers are operating in a fair and consistent manner to alleged offenders.  

Many arrests made by the Pinellas County Sheriff’s Office have already been thrown out, and as additional facts come to light more may follow.  Alleged criminal offenders that have been arrested by the Pinellas County Sheriff’s Office, especially by narcotics detectives, may have been arrested using questionable tactics that produced potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area and feel that your charges may be questionable, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Unwise Use of Social Media Can Bring Criminal Charges in Tampa Bay

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the unwise use of social media sites such as Facebook can bring criminal charges.

Issue:

There have been many examples of seemingly innocuous use of social media sites such as Facebook that have ended with the user facing criminal charges.  Most recently, a group of friends who planned to party at Fort De Soto Park in Pinellas County posted images of their libations that they appropriately dubbed the “mountain of booze,” to sites such as Facebook (through the Socialcam app) and YouTube.  Unfortunately for the revelers, a park volunteer had a Google Alert setup to send a message when anything was posted online regarding “Fort De Soto Park.”  The volunteer alerted park security who trespassed the organizer of the group who had made the reservation.  The trespass can come with a criminal charge which is a second degree misdemeanor.



Why This Matters To You:

In this case, the alleged offenders were simply using social media like so many others do.  With advances in technology authorities and law enforcement are able to closely monitor online activity that may violate the law and respond almost immediately.  In the case of the Fort De Soto partiers, authorities trespassed and escorted the party off the premises before the party even began.  The organizer may face a second degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine.

Users of social media sites should be aware that over-sharing can bring criminal charges.  The Fort De Soto partiers posted a video that detailed both the exact quantities of alcohol they had on hand (none of which is allowed in a Pinellas County park) and their exact location.  In other cases of social media use leading to criminal charges, users have posted threats or actual evidence of a crime they have committed including photos and/or videos.  While the users may think that this information may not bring criminal charges, it in fact can be used by law enforcement as evidence of a crime.


What To Do Next:

If you have been charged with criminal offense in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm that works with first time offenders to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the entire Tampa Bay, FL area, including Pinellas and Hillsborough counties.

Florida Stand Your Ground Law Under Review

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses recent scrutiny over the Florida Stand Your Ground law.

Issue:

Stand Your Ground laws are also known as Justifiable Use of Force laws.  The Florida Stand Your Ground law has been in effect since 2005, and has been used as a successful criminal defense in cases where self defense is utilized to justify the use of deadly force.  The law’s invocation as a defense in several recent high profile cases, including the Trayvon Martin case, has caused Governor Rick Scott to convene a statewide task force to review the Stand Your Ground Law.



Why This Matters To You:

Florida’s Stand Your Ground law is under tremendous pressure as the application of the law has been called into question in several high profile cases.  While the Stand Your Ground law is often invoked in cases of shootings that result in death, the law has also been used by defendants in domestic violence cases, and battery cases where the victim suffered non-lethal injuries.  Since a Supreme Court ruling in 2010, trial judges must hold a hearing any time a defendant asks for it and then give a ruling based on the “preponderance of the evidence” that there was a justifiable use of force.

Now, the governor’s task force is reviewing the law to ensure its application is appropriate.  Additionally, state senator Chris Smith (D-Fort Lauderdale) is seeking to revise the law to potentially make the self-defense claim less available to defendants.  Smith’s proposal includes utilizing a grand jury to decide whether or not to bring charges in cases of self-defense.

What To Do Next:

If you have been charged with battery or aggravated battery in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the entire Tampa Bay, FL area, including Pinellas and Hillsborough counties.

Pinellas County Sheriff’s Office Under Fire Again

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent turmoil affecting the Pinellas County Sheriff’s Office.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  More recently, an internal investigation found that patrol officers were loafing while on duty and misleading their supervisors as to their location.  Now, Sheriff Bob Gualtieri has transferred Capt. Greg Handsel out of the lead role overseeing the Administrative Investigations Unit as the Sheriff has stated that he, “wanted a fresh set of eyes on everything.”


Why This Matters To You:

The recent turmoil at the Pinellas County Sheriff’s Office places potential doubt on how the law enforcement operation is run and whether it is operating transparently and in a fair manner to alleged offenders.  The Tampa Bay Times recently analyzed the operations of the Sheriff’s internal affairs group and found that there were failures in following procedure to produce a complete investigation on several levels.

As a result of the questionable tactics in the marijuana grow house arrests, approximately 18 cases have had to be dropped by the Pinellas County State Attorney’s office.  Officers that intentionally mislead their supervisors as to their whereabouts may not be trusted to honestly and ethically enforce the law.  It now appears that with the personnel changes in the Sheriff’s Internal Investigations office that the operation is having issues policing itself.

With the above facts considered, the Pinellas County Sheriff’s office may be using questionable tactics and producing potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Florida Senate Bill 212 Potentially Limits Juvenile Sentences

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the proposed Senate Bill 212 and its potential effect on juvenile sentences.

Issue:

Florida Senate Bill 212 seeks to give juveniles who committed non-homicidal crimes the opportunity for parole or re-sentencing after 15 years.  Inmates would only be eligible if they met certain criteria such as the level of risk the offender imposes on society; the wishes of the victim; the level of the offender’s participation in the offense; the offender’s sense of remorse; the offender’s age at the time of the offense; and their behavior while incarcerated.



Why This Matters To You:

Senate Bill 212 is a potential improvement to the sentencing laws that affect those that commit crimes as juveniles in Florida.  Although the proposed law would only affect approximately 110 inmates, it indicates that Florida lawmakers are giving additional consideration to juveniles who commit serious crimes and may be rehabilitated by the criminal justice system.

Very long sentences for a juvenile may be viewed as the equivalent of a life sentence.  The proposed Senate Bill gives some hope to juveniles convicted in the State of Florida.


What To Do Next:

If your child has been charged with a juvenile crime in Tampa, contact a St. Petersburg Juveniles Crimes Lawyer to discuss possible defenses and specific strategies that may exist in the case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Pinellas County Narcotics Officers’ Tactics Called into Question

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Pinellas County Sheriff’s Narcotics Unit arrests could be called into question.

Issue:

Late in 2011 the Pinellas County Sheriff’s Office conducted a sting to apprehend alleged marijuana growers.  In this instance, the Pinellas County Sheriff’s Office Narcotics Unit utilized questionable tactics: secretly videotaping customers of a Largo based hydroponic gardening shop, illegally entering citizen’s property, and using questionable means to obtain search warrants.  Now Sheriff Bob Gualtieri has gone on record stating that his own officers’ tactics had an, “air of deceit,” that they used, “shortcuts,” and that the entire unit was “too loose.”



Why This Matters To You:

Sheriff Bob Gualtieri has publicly stated that the Narcotic Unit’s methods were questionable at best.  In fact, the Sheriff asked the State Attorney’s Office to drop the charges against the alleged marijuana growers that were targeted in the hydroponics store sting.  Further, certain officers may face criminal charges for their actions.

This issue highlights a potential far reaching consequence of the officers’ questionable behavior:  If an officer provides sworn testimony in a criminal drug case in Pinellas County and elements of that testimony are called into question, it could very well call into question all aspects of the officers’ statements and the case itself.

Additionally, this issue touches not only the marijuana growing cases, but any case touched by the Pinellas County Sheriff’s Narcotics Unit.  As Sheriff Gualtieri has stated the activities of his officers raise, “serious questions about their veracity across the board.”


What To Do Next:

If you have been charged with a drug related offense throughout Tampa and the surrounding areas, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you case directly with an attorney, or fill out our Online Form to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged drug and marijuana offenders throughout Pinellas County the entire Tampa Bay, FL area, including St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton.