Roque v. Swezy
The Third DCA granted certiorari and quashed a trial court order requiring a forensic expert to image the entire contents of the plaintiff's cellphone (including deleted data) and turn the copy over to her own attorney for a relevance cull. The court held that compelled forensic imaging of an electronic device invades the constitutional right to privacy and cannot be ordered absent a showing of actual or threatened destruction/deletion of evidence or thwarting of discovery, that the device likely contains the requested information, and that no less intrusive means exist.
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