State v. Darter
The Fourth DCA reversed a circuit court order suppressing 174 child pornography images found on the defendant's cell phone, holding that detectives had probable cause and exigent circumstances to seize (but not search) the phone without a warrant before later obtaining a warrant to search its contents. The court found the combination of pre-interview investigative evidence, the defendant's evasive and shifting interview answers, and his frantic phone-swiping behavior after the interview provided probable cause, and that his behavior created genuine exigent circumstances justifying the warrantless seizure.
Key facts
- Defendant was interviewed by detectives regarding child pornography after pre-investigation evidence and a consented search of his work computer revealed suspected criminal activity.
- During the interview, the defendant gave evasive and shifting answers; after being confronted with incriminating evidence, he began frantic phone-swiping behavior.
- +2 more key facts with a free trial
Why it matters
This opinion gives prosecutors a useful template for justifying warrantless seizure (as distinct from search) of cell phones pending a warrant application, based on a totality-of-circumstances probable cause analysis… — full analysis with a trial
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