David Edelstein is an AV® Peer Review Rated criminal defense attorney
representing clients in state and federal criminal matters across the State of Florida.

If you or someone you love is facing criminal charges, you need someone on your side. 100% Criminal Defense 24/7

Court says consent to search a phone doesn’t mean listening in

September 13th, 2013

If an officer stops your car, sees a cell phone in the back seat and gets your consent to search the phone, does that mean he can also answer your incoming calls, impersonate you and use the callers’ words as evidence against you? Read more..

Courts Can’t Agree on Whether Cops Can Track Your Cell Without a Warrant

July 3rd, 2013

Prosecutors are shifting their focus to warrantless cell-tower locational tracking of criminal suspects in the wake of the Supreme Court’s ruling 18 months ago that law enforcement should acquire probable-cause warrants from judges to affix GPS devices to vehicles to … Read more..

Montana Becomes First State to Require Warrants for Cell Phone Tracking

June 21st, 2013

With little fanfare, Montana became the first state to require police to obtain a warrant before tracking the location of a suspect in a criminal investigation through his cell phone. Read more..

Court Permits Police Use of Phony Cell Phone Tower

May 12th, 2013

A federal court in Arizona has denied a motion to suppress evidence gathered by “StingRay” surveillance technology. The court in United States v. Rigmaiden held that investigators did not violate the Fourth Amendment. The court also held that the government’s use of a cell site simulator or StingRay device was supported by a “mobile tracking [...]

New Bill Legalizing Cellphone Unlocking Introduced in House

May 9th, 2013

A new bill making it legal to unlock your cellphone or other mobile device has arrived in the House of Representatives Read more..

Cops can’t search cellphone seized at arrest, Florida Supreme Court says; will case go to SCOTUS?

May 3rd, 2013

A cellphone is different from a cigarette pack, the Florida Supreme Court says in a ruling requiring police to get a warrant before searching cellphones seized during an arrest. The ruling deepens the split on the constitutionality of cellphone searches incident to arrest, according to the Volokh.. Read more..

Florida court clamps down on cops searching through cell phones

May 2nd, 2013

Florida justices just made it harder for police to seize your cell phone and riffle through the contents. Read more..

Congress Urged to End Legal ‘Chaos’ Around GPS Warrants

April 26th, 2013

Privacy experts and attorneys urged Congress to update laws governing protections for wireless customers’ location data in criminal investigations Thursday, testifying on Capitol Hill that there is confusion among federal courts and other practical difficulties. The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is looking to update the Electronic Communications Privacy Act. Read [...]

California Supreme Court Allows Cops to Search Cellphone Without Warrant

January 4th, 2011

The 5-4 decision found that police had the authority to search text messages on a phone that was found  in the pocket of Gregory Diaz, arrested on suspicion of selling Ecstasy to an informant.  (Read the opinion) The Court analogized from cases which allowed for cops to search cigarette packs and clothing found on a [...]