Florida/Georgia Personal Injury & Workers Compensation

...l law, required a court order to “install or use a pen register or a trap and trace device.”6 § 934.31(1), Fla. Stat. (2007). Section 934.33(1), Florida Statutes (2007), allowed entry of the order if the officer making the application under section 934.32, Florida Statutes (2007), certified that the information likely to be 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....

...§ 2703(d) (specific and articulable facts); • pen register/trap and trace, 18 U.S.C. §§ 3121-3127 (certified relevance). Smith, 396 F.Supp.2d at 753. Florida has enacted statutory counterparts to the provisions of the ECPA and located them in Chapter 934, Florida Statutes (2009), entitled "Security of Communications." Section 934.32 allows the installation of a mobile 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....

...of her motion. The state's position is that a duplicate display pager is no more intrusive than a pen register and is not governed by these statutory requirements. [1] Instead, it argues a judge need only adhere to the procedure outlined in sections 934.32 and 934.33, Florida Statutes (1991), to authorize law enforcement to use such a device....

...This statutory exclusion is absolute and without regard to the good faith exception of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). State v. Garcia, 547 So.2d 628 (Fla. 1989). In contrast, the requirements for obtaining an order for the installation of a pen register under sections 934.32 and 934.33 are considerably less stringent. [2] Unlike a wiretap warrant, a law enforcement officer has the authority to apply for such an order. § 934.32(1)(b)....

...The application need only contain the identity of the applicant and the law enforcement agency conducting the investigation and a certification "that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency." § 934.32(2)....

...p law. Ch. 88-184, § 2, at 1022 (codified as amended at § 934.03(2)(i)1., Fla. Stat. (Supp. 1988)). The statutes it created to regulate these devices conformed to those enacted by Congress. Ch. 88-184, § 10, at 1038-1039 (codified as amended at §§ 934.32 and 934.33, Fla....