Cell phone search protection bill clears first Senate committee

Image via AP.

The Senate Committee on Criminal Justice has moved forward legislation intended to protect warrantless searches of cell phones and other electronic devices, as well as GPS location data. 

The committee voted 7-1, with Republican Sen. George Gainer dissenting. 

The bill (SB 144), filed by Sen. Jeff Brandes, would require a warrant to access electronic information from a person suspected of a crime. A warrant is not currently required to search such electronic data.

Brandes referenced the Florida constitution, which holds that “every person has the right to be left alone and free from government intrusion into the person’s private lives.”

It’s the fourth year Brandes has filed such legislation.

“Our founding fathers could not have imagined a world where we have Amazon Alexas and cell phones, and GPS systems that are on our wrists,” Brandes said at the meeting. “This bill simply expands the definition to include these new technologies.”

At the meeting, Gainer raised concern the bill could potentially inhibit law enforcement’s ability to investigate crimes. 

“Wouldn’t this bill interfere with the apprehension of some pretty dangerous people,” Gainer asked. 

Brandes responded, saying the bill would not prohibit law enforcement from tracking a device in an emergency situation, for example if a child was kidnapped.

“If somebody’s daughter is believed to be kidnapped, and we want to be able to track that phone, we can do that in an exigent circumstance and that doesn’t require us to go and get a search warrant,” Brandes said. 

The bill covers cell phones and any other electronic devices that connect to the internet including home assistant devices like Amazon’s Alexa, which record audio in order to respond to commands.

Without a warrant or permission from the device’s owner, any information obtained from the device would be inadmissible in court.

The bill language explains the update to search requirements are needed to respond to increases in technology that collect more and more personal data on an individual’s internet searches, personal information, business transactions and other identifying information. Law enforcement are able to use cellular data to gather evidence on a persons’ whereabouts at a certain time or communication with others, which can often be used to aid in criminal investigations.

It’s aimed at protecting innocent people while still providing a means for law enforcement to obtain search warrants through due process. At the meeting, a couple public defenders waived in support, and one law enforcement officer waived against. 

A similar bill filed last year (SB 470) died in its first committee of reference, Judiciary.

Brandes filed a similar bill (SB 210) two years ago, but it also died in its first committee of reference and the year before that, but it also failed to gain traction.