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.
Key facts
- Plaintiff Roque sought discovery in a civil case; the trial court ordered Defendant Swezy's forensic expert to image the entire contents of Swezy's cellphone (including deleted data) and provide the copy to Swezy's own attorney for relevance review.
- Swezy moved to quash or modify the imaging order; the trial court denied the motion.
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Why it matters
This is a leading Third DCA statement on the limits of forensic cellphone imaging in civil discovery, an increasingly common and aggressive discovery tactic. Defense and plaintiff counsel alike can cite it to defeat… — full analysis with a trial
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