Florida/Georgia Personal Injury & Workers Compensation

trace" order for Andres' cell phone pursuant to section 934.33, Florida Statutes (2005). On January 27, the

...er and trap and trace device as to Tracey’s cell phone, section 934.31, Florida Statutes (2007), similar to federal 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 r...

...ble grounds to believe ... the records of other information sought are relevant and material to an ongoing criminal investigation." §§ 934.23(4)(a)2. & (5), Fla. Stat. (2009). Mirroring Title III, sections 934.31-934.34 require a court order under section 934.33 "to install or use a pen register or a trap and trace device." § 934.31, Fla....

...2014), the Florida Supreme Court held that real time CSLI data was protected by the Fourth Amendment, and thus, its use by law enforcement constituted a search which required a warrant based upon probable cause. There, the detectives had obtained an order pursuant to section 934.33 authorizing a pen register, but then they used that order to obtain real time CSLI given off by the petitioner’s cell phone....

...on. 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....

...ation likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency." § 934.32(2). Based on this certification, a judge is authorized to issue the order without requiring any greater specificity. § 934.33(1) and (5)....

...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....

...n the night of the murder. The State subpoenaed the records of one company. The other company refused to provide records without a court order. For that company, the detective seeking the records provided an affidavit pursuant to sections 934.32 and 934.33, Florida Statutes (2001), which allows for the installation of a pen register or trap and trace device....

...However, that decision was several years after the search, and even in that opinion, we noted that the case law concerning historical CSLI was unsettled. Id. at 634. Thus, the detective had no case law on which to rely in his decision not to secure a warrant for the historical CSLI. Instead, the detective relied on section 934.33, Florida Statutes, to secure an order authorizing disclosure, at the behest of one of the cellular carriers....

...2014), the Florida Supreme Court held that real time CSLI data was protected by the Fourth Amendment, and thus, its use by law enforcement constituted a search which required a warrant based upon probable cause. There, the detectives had also obtained an order pursuant to section 934.33 authorizing a pen register, but then they used that order to obtain real time CSLI given off by the petitioner’s cell phone....