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This happened in an extremely unorthodox fashion. In court, Asses the claim that proportional electoral judge said "Unlock them," and Montanez was handed both phones. He claimed he couldn't remember the passcodes, saying they both had been recently purchased.
No passcode, no freedom, the judge instantly ruled. The police have a warrant and claim that's all they need to demand access to the phones' contents.
But that's predicated on a string of events that seem constitutionally-dubious, to say the least. The petition details the traffic stop and arrest of Montanez, which appears to contain a handful of constitutional violations. Montanez was pulled over for failure to yield.
During this stop, a K-9 unit was brought to the scene to sniff Montanez's car after he refused to consent to a search.
This is already questionable. The Supreme Court's ruling in Rodriguez makes it clear regular traffic stops aren't supposed to be fishing expeditions.
If no reasonable suspicion presents itself and refusing consent isn't suspicious activityofficers aren't allowed to extend stops to further badger drivers into relinquishing consent or bring a dog to scene to ask its permission for a search.
At this point, it's unknown how much time elapsed between the initiation of the traffic stop and the drug dog's arrival. All that's clear from the petition is that the dog wasn't there when the traffic stop began.
Whatever the case, Montanez was never issued a citation for the infraction supposedly triggering the stop. After the dog told the cops it was ok to perform a warrantless search, officers found a misdemeanor amount of marijuana, supposed THC oil tested only with a drug field testso…and a handgun.
The passenger of the car was a felon, so it was illegal for him to have it. The same can't be said for Montanez. Again, this may have been mooted by Montanez's mother claiming to own the handgun -- something the state has yet to disprove or even offer an opinion about. Montanez did claim possession of the marijuana and alleged byproducts.
Open-shut misdemeanor offense… except that officers seized his two cellphones and obtained a search warrant for them. This was predicated on one thing: Whatever "it" is, the officers appear to have found it.
Since all the evidence needed to support the misdemeanor possession charges was already in the hands of law enforcement, why the compelling need to search the seized phones? According to the search warrant affidavit [PDF], the phones will apparently contain evidence of the crimes Montanez is charged with, which would seemingly be entirely supported by the marijuana and alleged THC oil already in their possession.
Phone records, records of Internet Service Providers, E-mails and other electronic data, including but not limited to passwords telephone numbers, Emails, Instant messages or text message storage, computer images, computer programs and system documentation; documents files or any other computer data relating to passwords.
Which can provide evidentiary value in proving a violation of the Laws of the State of Florida, to-wit: Possession of Cannabis Less Than 20 grams, Possession of Drug Paraphernalia and Possession of a Firearm During the Commission of a Felony The felony listed here would be carrying the possession of a firearm by a felon.
The only felon in the vehicle was the passenger, but it looks like prosecutors want to hang this on Montanez, despite the only other possible felony available being drug trafficking -- and the evidence on hand simply doesn't support that charge.
In any event, there's zero chance Montanez's phones will carry additional evidence of the charged criminal acts, which are all predicated on evidence the police have already obtained. The warrant appears to be a fishing expedition to try to prove Montanez is actually a drug dealer so the felony charge sticks.
The two misdemeanor charges already have all the evidence prosecutors need, so police are pressing forward with zero probable cause to nail Montanez with a felony. The problem is, the probable cause has to come before the search, not after it, and that's why his lawyer is challenging the warrant.
The prosecution's request for contempt of court charges cites another state case as support for compelled passcode production.
But the case cited here couldn't be more different than this one. While it does deal with compelled password production and contempt charges, it also deals with charges of voyeurism and an unchallenged warrant.
First off, there's a significantly better chance evidence of voyeurism might be contained in a seized cellphone. Second, the warrant in this case is being challenged, which makes it an entirely different judicial animal than the case cited. As it stands now, Montanez is going to spend six months in jail for preventing police from rooting around in seized cellphones for evidence they don't need and which would likely be highly irrelevant to these criminal proceedings.The part about capitalism that I find most important is its stability.
It happens on its own if the government doesn’t bother. If the government tries to be helpful but misses some . Asses the claim that proportional electoral systems are superior to majoritarian or plurality systems (50) Most constitutional reforms see electoral systems as how democratic a country is - Asses the Claim That Proportional Electoral Systems Are Superior to Majoritarian or Plurality Systems Essay introduction.
This is illustrated with ‘elections are the defining institution of modern democracy’. Asses the claim that proportional electoral systems are superior to majoritarian or plurality systems (50) Most constitutional reforms see electoral systems as how democratic a country is.
This is illustrated with ‘elections are the defining institution of modern democracy’. The Midterm Elections are fast approaching. ABC News brings you in-depth coverage and breaking political news, as voters determine the Senate and House of Representatives.
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