The 2024 Florida Statutes
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. . . The trial court found that section 934.23(1) required a court order or a warrant to obtain electronic . . . While the court cited section 934.23(1) in its order denying the motion to suppress, Ferrari cited to . . . section 934.23(4)(b) in his motion. . . . Section 934.23(4)(b), Florida Statutes (2001), provides that information pertaining to a subscriber, . . . Section 934.23(4)(b)(1.)-(3.), Florida Statutes (2001), provides: A provider of electronic communication . . .
. . . ." § 934.23(5), Fla. Stat. (2005). There is no requirement of probable cause. Hurst v. . . .
. . . See §§ 934.23, .42, Fla. Stat. (2012). . . .
. . . Under Florida’s version of the Stored Communications Act, section 934.23(4)(a), Florida Statutes (2007 . . . records of other information sought are relevant and material to an ongoing criminal investigation.” §§ 934.23 . . . correct, and stated: [T]he state failed to meet even the less stringent standard required by section 934.23 . . . concluded; Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23 . . . civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23 . . .
. . . defendant’s cell phone records, even though the state failed to comply with the requirements of section 934.23 . . . .3d 992, 1000 (Fla. 4th DCA 2011) (“[T]he exclusionary rule is not a remedy for violations of section 934.23 . . .
. . . Similar to the SCA, section 934.23 allows a law enforcement officer to require a “provider of electronic . . . records of other information sought are relevant and material to an ongoing criminal investigation.” §§ 934.23 . . . requirement, because the state failed to meet even the less stringent standard required by section 934.23 . . . Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. . . . civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23 . . .
. . . The defendant moved to suppress the evidence, citing the officer’s failure to comply with § 934.23(1) . . . It found § 934.23(1) to be inapplicable, noting that the officer had not requested any information from . . .
. . . Specifically, he argued that failure to comply with the requirements of section 934.23, Florida Statutes . . . suppression was proper based on Officer Hall’s failure to obtain a warrant or court order under section 934.23 . . . We do not believe that section 934.23 is applicable. . . . . § 934.23(1), Fla. Stat. (2009). Here, law enforcement never required Absolute to do anything. . . . We conclude that the provisions of section 934.23, Florida Statutes, are not applicable under the facts . . .
. . . defendant moved in limine or to suppress the evidence because the State had not complied with section 934.23 . . . State, 639 So.2d 72 (Fla. 5th DCA 1994), the trial court found the language in section 934.23(4)(a), . . . Section 934.23 requires an officer to obtain a wai'rant or seek a court order when obtaining customer . . . or subscriber records from an electronic communication provider. § 934.23(4)(a) 1., 2., Fla. . . . “[C]ontents of a communication,” however, are not obtainable under subsection (4)(a). § 934.23(4)(a), . . .
. . . The foundation for the request was section 934.23(4), Florida Statutes (2000), a statute that authorized . . . communication, except under certain limited described conditions, one of which is pursuant to section 934.23 . . . Section 934.23(4) now reads: (4)(a) An investigative or law enforcement officer may require a provider . . .