State Senator Jeff Brandes wants warrants required for cell phone searches

3:26 PM, Feb 13, 2013   |    comments
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St. Petersburg, Florida -- Senator Jeff Brandes (R-St. Petersburg) filed SB 846 Wednesday, a bill regarding search and seizure of a portable electronic device, designed to preserve the privacy of Floridians in a continuously evolving world of digital technology.

"The 4th Amendment protects Floridians against unreasonable search of their papers and effects," said Brandes. "In today's increasingly paperless world we are seeking to clarify that cell phones and tablets are the modern version of papers and effects."

"Privacy is a fundamental right that we as legislators need to protect, and with technology changing rapidly I believe that we need to revise our laws to protect our citizens," said Representative Carlos Trujillo, R-Miami, who is sponsoring the companion measure in the House of Representatives. "I look forward to working with Senator Brandes on this important piece of legislation."

The bill prohibits the search or seizure of the contents of a portable electronic device without a search warrant. In addition, the bill will require a search warrant before a portable electronic device can be tracked by government entities. The bill contains exceptions for national security, the search of a missing minor, and established lawful exceptions to existing search warrant statutes.

SOURCE: Office of Jeffrey Brandes

SOURCE: Office of Jeffrey Brandes

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