Justices Weigh Cell Phone Tracking By Cops
October 9, 2013
Grappling with privacy rights amid fast-changing technology, the Florida Supreme Court on Monday heard arguments in a challenge to police using “real-time” cell-phone information to track a suspect in a drug case.
Justices pointed to courts across the country trying to sort out how far police can go in using technology that adds to old-school techniques such as wiretaps.
“Everyone’s struggling — including us,” Justice Barbara Pariente said during an exchange with one of the attorneys in Monday’s case. “Everyone’s struggling.”
The case stems from the 2007 arrest in Broward County of Shawn Tracey, who was later found guilty on cocaine-possession and other charges, including fleeing and eluding police. In lower courts, Tracey’s attorneys argued unsuccessfully that evidence should be suppressed because of law officers using cell-phone technology to track his movements across the state.
Broward County detectives received a warrant to obtain information about Tracey’s cell-phone usage, including “historical cell site” information that would help show the locations of his calls. But a key question in the case is whether that allowed police to conduct what is described as “real time” tracking of Tracey in a red GMC Envoy — eventually leading to a search that discovered a kilogram brick of cocaine underneath a spare tire, according to a brief filed in the case.
Tracey, 30, is imprisoned at the Wakulla Correctional Institution Annex, south of Tallahassee.
Tatjana Ostapoff, an assistant public defender who represented Tracey, said he had a reasonable expectation of privacy and that the warrant didn’t contemplate tracking his movements as they occurred. She contended that the tracking violates the Fourth Amendment to the U.S. Constitution, which bars unreasonable searches and seizures.
“There is no court order that justifies what was done in this case,” Ostapoff said.
But Melynda Melear, an assistant attorney general, said Tracey had voluntarily conveyed information to the cell-phone company, MetroPCS, and that he did not have an expectation of privacy. Also, she said the information met the definition of “historical” because the cell-phone company received the information first before relaying it.
Justices, who typically take months to rule in such cases, asked numerous questions of both attorneys.
At one point, Melear suggested that the Legislature or Congress probably should address the issue involved in the case. That drew a response from Justice Jorge Labarga, who pointed to a new state law that limits when police can use unmanned drones for surveillance, a law that backers said was intended to protect privacy.
“That seems to be where the Legislature is going,” Labarga said.
“But the Legislature hasn’t addressed this particular issue,” Melear responded.
by Jim Sanders, The News Service of Florida
Bondi: From Instant Message To Instant Nightmare
September 28, 2013
Submitted by Florida Attorney General Pam Bondi
According to the National Human Trafficking Resource Center, there are 27 million people enslaved worldwide. Victims of human trafficking are subjected through force, fraud or coercion for the purpose of sexual exploitation or forced labor. In 2011, the National Human Trafficking Resource Center ranked Florida third in the number of calls received by the center’s human trafficking hotline. It is also reported that the average age of children recruited into sex trafficking is between 12 and 14 years old. These heartbreaking statistics are evidence that something needs to be done.
I unveiled a statewide initiative intended to raise awareness about human trafficking and to help parents protect their children from online sex traffickers. The initiative, “From Instant Message to Instant Nightmare,” debuts on billboards, bus shelters, and mall displays throughout Florida.
Parents and adults, please talk to children about the importance of online safety. Visit MyFloridaLegal.com to download a parental tip sheet about online safety and a pledge for children to sign and print. The pledge can be taped to your home computers to serve as a reminder of safe Internet use.
Parents follow these tips to help protect your children from human traffickers online:
- Talk to your children about sex trafficking and sexual abuse. Describe human trafficking as modern-day slavery, where people are captured and treated inhumanely. Awareness is the first step in preventing it;
- Restrict use of the computer to the living room or other area of the house where other family members are present;
- Know your child’s screen names and passwords, even if you have your child write them down and put them in a sealed envelope. If anything happens, you will be able to access your child’s accounts to trace who he or she has been communicating with;
- Use the parental control settings on your computer to check the Internet history. Look for warning signs in your children, such as: mood swings and anxiety; new friends who are significantly older; and new gifts, pre-paid credit cards, clothes or cell phones that you did not purchase; and
- Let your children know that they can talk to you, or a trusted adult, about anything that makes them uncomfortable.
By raising awareness about human trafficking and asking you, as parents, to play an active role in preventing sex traffickers from recruiting your children online, we can help stop this horrific crime.
Joe Creighton
September 28, 2013
Joe Creighton passed away at his home on Tuesday, September 24, 2013. Joe was the son of Joseph Richard and Gladys Creighton. Mr. Creighton was retired from the United States Army. He will be remembered as a man with a very big heart and most importantly a wonderful “fisher of men”.
He was preceded in death by his brothers, Roger Creighton, Harry Creighton, Steve Creighton and Bill Creighton.
Joe is survived by his wife, Irmgard Ramona Creighton; children, Georgia Freeborg (Warren), Joseph R. Creighton IV (Leigh Anne), Brigitte Harrison (Myers) and Paul Michael Creighton; grandchildren, Ashley, Maria, Alex, Scott and Nicole; great-granddaughter, Hartley Rose; sister-inlaw, Margaret Creighton and numerous nieces, nephews and cousins.
Memorial services will be Saturday, September 28, 2013, at 10:00 a.m. at Perdido Beach Baptist Church, 9110 County Road 97, Perdido Beach, AL, with Pastor Fred McGee officiating. Afterwards, dinner will be served at Grace Open Bible, located at 1701 Hwy. 95A, Cantonment.
In lieu of flowers, donationsto the Whitmire Cemetery Association, Attn: Sherri Paul, 3010 Ashbury Lane, Cantonment, FL 32533 or a charity of choice would be appreciated.
Edward “Eddie” Leon Glenn
September 18, 2013
Mr. Edward “Eddie” Leon Glenn Sr. 48, passed away Saturday, September 14, 2013.
Mr. Glenn had lived most of his life in Century. He is preceded in death by his wife, Tammy Glenn; father, Joe Glenn; and grandparents, Nick and Susie Nelson and Adrian and Luvern Glenn.
Survivors include his fiance; Debra Holland of Atmore; one son, Chip Glenn of Atmore; two daughters, Heather Cagle of Walnut Hill and Cheyenne Glenn of Century; one brother, Nathan L. Glenn Jr., of Labelle, Fla.; one sister, Theresa Moye, of Flomaton; five grandchildren, Joseph Leon Glenn, Joln Calvin Glenn, Luke Phillip Cagle, Collin Gene Cagle, Tammy Ann Glenn and one on the way.
Funeral services were held Wednesday, September 18, 2013 at the Petty-Eastside Chapel Funeral Home with Rev. James Baker and Rev. Bobby Carnley officiating.
Petty-Eastside Chapel Funeral Homes, LLC is in charge of all arrangements.
Maxine T. Brown
September 18, 2013
Maxine T. Brown, 82, of Huxford, Ala., passed away on Saturday, September 14, 2013, with her family by her side. She was born in Millry, Alabama on April 20, 1931, to the late George and Vernelle Britton Tew, her family later settled in the Huxford community. As a homemaker, Mrs. Brown enjoyed gardening, cooking and her involvement in First Baptist Church of Atmore, where she was a member.
Mrs. Brown in preceded in death by her son, Bobby Beech; daughter, Maudie Ridgeway; and brother, George Tew, Jr.
Survivors include her husband, Wilbur T. Brown; son, Mike Beech; daughter, Martha (Greg) Watts; son-in-law, Billie Ridgeway; five brothers, Prentice Tew, Ray Tew, Walter “T” Tew, Clatis Tew, and Delmer Tew; two sisters, Pearl Gant and Faye Hester; 10 grandchildren and 15 great-grandchildren.
Services were held Tuesday, September 17, 2013, at Johnson-Quimby Funeral Home Chapel with Rev. Kelly Brown and Rev. Arnold Hendrix officiating.
Interment was in Oak Hill Cemetery.
Pallbearers will be John Murray Ikner, Britton Ikner, Ross Beech, Jon Michael Beech, Ben Odom, and Wedenall Middleton.
The family would like to sincerely thank the caregivers for their attentive and compassionate care.
Johnson-Quimby Funeral Home, Inc, is in charge of all arrangements.
Photos Of Rescued Horse
September 13, 2013
Photos of rescue horse “Capona”. For the story on this horse, click here.
Bernice Daughtry Qualls
September 13, 2013
Mrs. Bernice Daughtry Qualls, 84, passed away on Friday, September 13, 2013, in Poarch.
Mrs. Qualls was a native of Atmore and a resident of Poarch for most of her life. Mrs. Qualls volunteered at the Poarch SAIL Center. Her husband, Robert Qualls; infant daughter; parents, Hawk and Ella Daughtry; two brothers, Obie Lee Daughtry and D.C. Daughtry; and three sisters, Vernell Aplin, Luverne Ward and Charlotte Reed precede her in death.
Survivors include her sister, Savannah Daughtry of Poarch; devoted niece, Kay Reymendo of Poarch; and a number of nieces, nephews, family and friends and special friend, David Kirby of Atmore.
Funeral services will Monday, September 16, 2013, at 10 a.m. at the Friendly Holiness Church with Rev. Ray Ward, Rev. Dale Aplin and Rev. David Bryars officiating.
Burial will follow at the New Home Cemetery.
Visitation will be Sunday, September 15, 2013, from 5 p.m. until funeral time at the Friendly Holiness Church.
Petty-Eastside Chapel Funeral Homes, LLC is in charge of all arrangements.
All Florida Lawmakers Registered To Vote In The Right District
September 3, 2013
None of the state Legislature’s members are registered to vote outside their districts, according to a letter from the Department of State obtained by the Tampa Bay Times.
“We have determined that the full residential address recorded as of August 29, 2013, in the Florida Voter Registration System for each legislator is located within the district to which he or she has been elected,” says the letter to Senate President Don Gaetz, R-Niceville, and House Speaker Will Weatherford, R-Wesley Chapel.
Gaetz and Weatherford asked for the review in the wake of questions asked by Sen. Jack Latvala, R-Clearwater, and other critics who charge that some legislators don’t live in their districts.
by The News Service of Florida
Donald Elburn Morris
August 20, 2013
Mr. Donald Elburn Morris, age 59 of Brewton, died Sunday, August 11, 2013, in Biloxi, MS.
Mr. Morris was born in Mobile and had been a long time resident of Brewton. He was a veteran of the Vietnam War, having served with the U.S. Marine Corps. Mr. Morris worked as a truck driver. He was of the Christian faith and was a member of the American Legion. Mr. Morris was preceded in death by his father, Mr. Marvin Raymond Morris and a brother, Mr. Marvin Stanley Morris.
He is survived by his mother, Mrs. Hazel P. Morris of Brewton; nephews, Daniel Morris of Gatlinburg, TN, and Raymond (Rachel) Morris of Fife Lake, MI; nieces, Gina Welch of Cantonment, and Angela Nicole Grantham of Axis, AL; four great-nephews; and special friends, Jane Middleton of Kinmundy, IL and Robin Delph of Maple, NC.
Funeral services were held on Friday, August 16, 2013 from the chapel of Craver’s Funeral Home with Rev. Phillip Pettis and Rev. Barbara Pugh officiating.
Interment, with military honors, was at Green Acres Memorial Gardens.
Jesse Carle Amerson
August 15, 2013
Mr. Jesse Carl Amerson, 73, passed away on Wednesday, August 14, 2013, in Pensacola.
Mr. Amerson was a native of Century, and resided in Flomaton for most of his life. He was a wonderful person, he gave so much and never wanted anything in return. Mr. Amerson is preceded in death by his parents, Jessie and Gena Amerson and a grandson, Junior Walker.
Survivors include his wife, Jewel Amerson of Flomaton; three sons, Keith Amerson and Jody Amerson of Katie, TX and Darrell Walker; one brother, Rex Amerson of Brewton; two sisters, Linda Ryder of Milton and Ann Roberts of Texas; and numerous grandchildren, great-grandchildren, nieces and nephews.
Funeral services will be Friday, August 16, 2013, at 12 p.m. at the Petty-Eastside Chapel Funeral Home with the Rev. Jimmie Ray Colley officiating.
Burial will follow at the Flomaton Cemetery.
Visitation will be Friday, August 16, 2013, from 11 a.m. until 12 p.m. at the Petty- Eastside Chapel Funeral Home.
Pallbearers will be Scott Walden, Keith Amerson, Kyle Amerson, Jody Amerson, Christian Thrope, Justin Walden.
Petty-Eastside Chapel Funeral Homes, LLC, is in charge of all arrangements.