CopyCited 10 times | Published | Supreme Court of Florida
material to an ongoing criminal investigation." §
934.23(5), Fla. Stat. (2005). There is no requirement
CopyCited 4 times | Published | Supreme Court of Florida | 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072, 2014 WL 5285929
...obtained by the installation and use of a pen register or trap and trace device is
“relevant to an ongoing criminal investigation” by that agency. §
934.32(2)(b),
Fla. Stat. (2007) (emphasis added).
Under Florida’s version of the Stored Communications Act, section
934.23(4)(a), Florida Statutes (2007), allowed a law enforcement officer to require
a provider of electronic communication service to disclose “a record or other
information pertaining to a subscriber ....
.... . . the records of other information sought
6. The current versions of these statutes are the same as existed in 2007.
-8-
are relevant and material to an ongoing criminal investigation.” §§ 934.23(4)(a)2.
& (5), Fla....
...pdf/ Smith 100624.pdf.
Tracey,
69 So. 3d at 999 (bracketed material added). The district court did not
decide which of these approaches was correct, and stated:
[T]he state failed to meet even the less stringent standard required by
section
934.23(5)—the application failed to offer “specific and
articulable facts” to show that CSLI was “relevant and material to an
ongoing criminal investigation.” In fact, the application did not even
seek a court order for CSLI, only a pen register and a trap and trace.
Id....
...remedies
and sanctions for violation of that act. Id. The district court below concluded:
- 10 -
Similarly, under Florida law, the exclusionary rule is not a
remedy for violations of section 934.23....
...934.21-
934.27 are the only judicial remedies and sanctions for
violation of those sections.
The criminal penalties of section
934.21 and the civil remedy
provided in section
934.27 are the only remedies authorized for a
violation of section
934.23....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20396, 2009 WL 5126226
...lar Telephone Billing Records and Cell Site Number and Location. [1] Initially, law enforcement obtained the records through an investigative subpoena. The defendant moved in limine or to suppress the evidence because the State had not complied with section 934.23, Florida Statutes (2007)....
...lication of the U.S. for an Order Directing a Provider of Electronic Communication Service to Disclose Records,
534 F.Supp.2d 585 (W.D.Pa.2008). After reviewing Hunter v. State,
639 So.2d 72 (Fla. 5th DCA 1994), the trial court found the language in section
934.23(4)(a), Florida Statutes, mirrored the language in 18 U.S.C....
...und the time of commission of the crime. The defendant argues on appeal that the court erred in permitting the State to obtain and introduce the defendant's historical cell site records because it originally failed to obtain the records, pursuant to section 934.23, Florida Statutes....
...Underwood v. State,
801 So.2d 200, 202 (Fla. 4th DCA 2001). "Chapter 934 protects against unauthorized interception of oral, wire, or electronic communications" and is "strictly construed and narrowly limited." State v. Jackson,
650 So.2d 24, 26 (Fla.1995). Section
934.23 requires an officer to obtain a warrant or seek a court order when obtaining customer or subscriber records from an electronic communication provider. §
934.23(4)(a)1., 2., Fla....
...A court may issue the order under subsection (5), only if the "officer offers specific and articulable facts showing that there are reasonable grounds to believe the contents of a wire or electronic communication or the records of other information sought are relevant and material to an ongoing criminal investigation." § 934.23(5), Fla. Stat. "[C]ontents of a communication," however, are not obtainable under subsection (4)(a). § 934.23(4)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14054, 2011 WL 3903075
...e tracking device upon certification by the government that "the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency." §
934.42(2)(c), Fla. Stat. (2009). Similar to the SCA, section
934.23 allows a law enforcement officer to require a "provider of electronic communication service" to "disclose a record or other information pertaining to a subscriber of such service not including the contents of a communication," when, am...
...btains a court order for such disclosure" by offering "specific and articulable facts showing that there are reasonable grounds to believe ... the records of other information sought are relevant and material to an ongoing criminal investigation." §§ 934.23(4)(a)2....
...rvice and defining "governmental entity" as including "any State or political subdivision therof."). In Mitchell v. State , we held that law enforcement could obtain historical CSLI, by complying with 18 U.S.C. § 2703(c), and its state counterpart, section
934.23, Florida Statutes (2009).
25 So.3d at 634-35. We concluded that historical CSLI was "a record or other information pertaining to a subscriber or customer" of an "electronic communication service" within the meaning of 18 U.S.C. § 2703(c) and section
934.23(4)(a)....
...To obtain an order for historical CSLI, law enforcement is required to "`[...] offer specific and articulable facts showing that there are reasonable grounds to believe the [...] records of other information sought are relevant and material to an ongoing criminal investigation.'" Id. at 634 (quoting § 934.23(5), Fla....
...2703. [8] Other courts have required a showing of probable cause. [9] We need not decide in this case whether prospective CSLI is subject to a probable cause requirement, because the state failed to meet even the less stringent standard required by section 934.23(5)the application failed to offer "specific and articulable facts" to show that CSLI was "relevant and material to an ongoing criminal investigation." In fact, the application did not *1000 even seek a court order for CSLI, only a pen register and a trap and trace....
...`are the only judicial remedies and sanctions for violations of the Stored Communications Act. 18 U.S.C. § 2708." Smith,
155 F.3d at 1056 (emphasis in original). Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section
934.23....
...Section
934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss.
934.21-934.27 are the only judicial remedies and sanctions for violation of those sections. The criminal penalties of section
934.21 and the civil remedy provided in section
934.27 are the only remedies authorized for a violation of section
934.23....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...the court had issued an order requiring the production of the CSLI from
that company. Ferrari unsuccessfully moved to suppress the subpoenaed
historical CSLI data. Appellant challenges the denial of the suppression
of the CSLI data obtained by subpoena, arguing that the State violated
section 934.23, Florida Statutes, and the Fourth Amendment.
In Carpenter v....
...re a warrant or court order for the
historical CSLI. Instead, the detective obtained the information by way of
subpoena. In fact, the detective did not even cite any statute in the request
for issuance of the subpoena.
The trial court found that section 934.23(1) 2 required a court order or
a warrant to obtain electronic communication information, and it was
undisputed that a warrant had not been obtained. While the court cited
section 934.23(1) in its order denying the motion to suppress, Ferrari cited
2 Section 934.23(1), Florida Statutes (2001) (emphasis added), provides:
(1) An investigative or law enforcement officer may require the
disclosure by a provider of electronic communication service of the
contents of an elect...
...s been in electronic
storage in an electronic communications system for 180 days or less
only pursuant to a warrant issued by the judge of a court of
competent jurisdiction.
12
to section 934.23(4)(b) in his motion. Section 934.23(4)(b), Florida
Statutes (2001), provides that information pertaining to a subscriber, not
including the contents of an electronic communication, must be obtained
by warrant, court order, or consent of the subscriber....
...CSLI issued pursuant to the federal Stored Communications Act did not
satisfy the Fourth Amendment because the order was based upon
reasonable suspicion and not probable cause.
138 S. Ct. at 2221. The
Supreme Court did not hold that the officers acted in good faith in using
3 Section
934.23(4)(b)(1.)-(3.), Florida Statutes (2001), provides:
A provider of electronic communication service or remote computing
service shall disclose a record or other information pertaining to a
subscriber to or cust...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 811656, 2013 Fla. App. LEXIS 3556
...ce of a collateral robbery at the defendant’s trial, 2) refusing to sever the three robberies for which the defendant was tried, and 3) admitting the defendant’s cell phone records, even though the state failed to comply with the requirements of section 934.23, Florida Statutes (2003)....
...We therefore find no error in the admission of the historical cell site information, even though the records were obtained without a warrant. See Tracey v. State,
69 So.3d 992, 1000 (Fla. 4th DCA 2011) (“[T]he exclusionary rule is not a remedy for violations of section
934.23.”)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 741425
...In furtherance of the investigation the Special Investigations Unit requested certain cell telephone records from Nextel Communications, a wireless telephone company, by serving Nextel with an investigative subpoena. The foundation for the request was section 934.23(4), Florida Statutes (2000), a statute that authorized the State to use a subpoena to obtain information without first seeking the approval of a court....
...ts a person or entity who provides an electronic communication service or remote computing service to the public from knowingly divulging the contents of a communication, except under certain limited described conditions, one of which is pursuant to section 934.23....
...information from Nextel, and that the trial court properly denied the motion to suppress. The judgment and sentence is, accordingly, affirmed. PETERSON and THOMPSON, JJ., concur. NOTES [1] The statute was amended in 2002 by Laws of Florida 2002-72. Section 934.23(4) now reads: (4)(a) An investigative or law enforcement officer may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber or customer of...
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 11408, 2011 WL 2923696
...bpoena to retrieve information from the computer tracing company, pursuant to the provisions of the Florida Security of Communications Act, chapter 934, Florida Statutes (2009). Specifically, he argued that failure to comply with the requirements of section 934.23, Florida Statutes (2009), rendered the information used in the affidavit “defective” and the evidence seized pursuant to the warrant inadmissible....
...We note, parenthetically, that Oliv-eras does not argue in support of the reasoning applied by the reviewing circuit judge. Rather, Oliveras continues to assert on appeal that suppression was proper based on Officer Hall’s failure to obtain a warrant or court order under section 934.23 before obtaining the information from Absolute. We do not believe that section 934.23 is applicable....
...cation service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for 180 days or less only pursuant to a warrant issued by the judge of a court of competent jurisdiction. § 934.23(1), Fla....
...Moreover, the information gleaned by Absolute pertains only to the thief, who lacked any reasonable expectation of privacy with respect to any communication he transmitted to, through, or from the stolen computer. We conclude that the provisions of section 934.23, Florida Statutes, are not applicable under the facts of this case and that the trial court’s reason for suppressing the evidence is erroneous....
