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

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 [...]

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

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

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 [...]

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 [...]