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
Stacey Road Bridge Closed
October 9, 2013
The Stacey Road Bridge in the Cantonment area was closed Tuesday. The bridge is expected to remain closed for up to 10 days, according to Escambia County. The bridge is located on Stacey Road between West Quintette Road and Coweta Road.
The bridge is being repaired by Gulf Marine Construction.
Sheriff’s Office Aims To Boost Convenience Store Security
October 9, 2013
In an effort to deter crime and provide a more secure environment for convenience store employees and patrons, Escambia County Sheriff David Morgan has implemented a program designed to ensure certain safety standards are being met as required by the Convenience Business Security Act.
The focus under this legislation is on stores that are open between the hours of 11 p.m. and 5 a.m.
Inspectors make special note of factors which can deter criminals, mitigate losses and aid in the identification of suspects. Inspectors are certified through the Florida Attorney General’s Office with the designation of Florida Crime Prevention Practitioner (FCPP).
Notable problems are reported to the Florida Office of the Attorney General which mandates compliance with the safety and security standards.
Corporate offices of major convenience store chains have been notified and are aware of the Act. Morgan expressed his gratitude for the outstanding cooperation the Sheriff’s Office has received so far from convenience store owners and managers.
“Although the State of Florida mandates minimum safety standards for convenience stores, I believe that the key to convenience store related crime prevention is thorough a concerted effort between the store owners and local law enforcement,” he said. “I am encouraged by the response we have had so far and believe it’s going to be a win-win for everyone, perhaps with the exception of would-be criminals.”
For more information about the program, contact David Craig at (850) 436-9281 or email win@escambiaso.com.
Pictured: This Century convenience store was an armed robbery victim twice in 2012. NorthEscambia.com file photos, click to enlarge.
Florida Senate Considers Withdrawal From Federal Flood Insurance Plan
October 9, 2013
State legislators continue to consider how they can protect homeowners covered by the National Flood Insurance Program from a planned hike in rates, with a focus now on possibly altering regulations so private insurers can have more flexibility in offering the coverage.
And absent a private solution, the state may need to consider establishing a state agency as a last resort for the roughly 270,000 Florida homeowners who could face unaffordable insurance under the national program, said Senate Banking and Insurance Chairman David Simmons, R-Altamonte Springs.
“I don’t think it’s their fault, they bought a home under a national flood insurance program that has now changed the rules on them, in the middle of the game,” Simmons said.
Lawmakers continued to express concern Tuesday about the anticipated end of federal flood-insurance subsidies that Realtors claim could devastate Florida’s economy. State lawmakers have called on Congress to postpone implementation of the Biggert-Waters Flood Insurance Reform Act, which phases out subsidies on older properties in flood zones.
The 2012 act calls on the Federal Emergency Management Agency and other agencies to make a number of changes to the way the National Flood Insurance Program is run, including raising rates to reflect true flood risk and to make the program more financially stable.
With Florida accounting for about one-third of the policies in the federal program, Simmons said hopefully the threat of Florida’s withdrawal from the program will spur the federal government to take action.
“We can provide leverage to get a solution to this, and if we don’t provide the leverage we’ll have a solution of our own,” Simmons said. “But I don’t think our remedy is to leave these homeowners without some help.”
Senate Committee Approves Minor Stand Your Ground Law Changes
October 9, 2013
Prompted by a national outcry over George Zimmerman’s acquittal this summer in the shooting death of Trayvon Martin, a Florida Senate committee gave approval Tuesday to minor changes in the state’s “stand your ground” law.
But whether a Legislature dominated by gun-loving lawmakers will ultimately sign off on a bipartisan compromise remains a long shot, despite a seemingly indifferent National Rifle Association, which helped write Florida’s first-in-the-nation law.
The law’s 2005 sponsor, Sen. David Simmons, defended the current law while conceding it could be better.
“It is an excellent common-sense law, but it is not perfect. That’s coming from a person who was the main drafter of the ’stand your ground’ law back in 2005,” Simmons, R-Altamonte Springs, told the Senate Judiciary Committee.
Simmons struck a deal with Senate Minority Leader Chris Smith, D-Fort Lauderdale, whose attempts to modify the law earlier this year went nowhere. Florida’s current NRA-backed law, which became a model for the rest of the country, allows individuals to use deadly force when they feel their lives are in danger and provides immunity from prosecution or civil lawsuits. The law, an expansion of the centuries-old “Castle Doctrine” that gives people the right to defend themselves with deadly force in their own homes, also removed the duty to retreat.
Tuesday’s compromise (SB 130) would require law enforcement agencies to establish standards for neighborhood watch teams and require that police and sheriffs fully investigate cases in which “stand your ground” is a factor, something Okaloosa County Sheriff Larry Ashley insists they already do.
The proposal also strengthens current language in the law barring individuals who are aggressors from using “stand your ground” as a defense.
“All we do is add an ‘I really mean it’ phrase,” Simmons, a lawyer, explained before the committee’s 7-2 vote on the bill.
And the bill would also do away with civil immunity in “stand your ground” cases in which innocent bystanders are injured or killed, a contentious point that prompted one “no” vote from Sen. John Thrasher, R-St. Augustine, chairman of the powerful Rules Committee. Simmons said later that he would be willing to remove that portion to ensure passage.
NRA Florida lobbyist Marion Hammer said the bill will do little to clear up concerns or confusion about the law. She said the NRA is neutral right now on the measure.
“If we think we’re going to accomplish a lot by putting clarification in a bill now, I suggest that it’s probably not going to work because it will be misinterpreted down the line and we’ll be back again,” Hammer, a former national president of the organization, said. “There’s absolutely nothing wrong with trying to clear the air and clarify and fix some things. I wish I could tell you that we thought this bill would fix a lot of problems, but we don’t. Will it do harm? It could, but we doubt it. We just don’t think we’re there yet.”
The measure faces an even fiercer battle in the House, where Criminal Justice Subcommittee Chairman Matt Gaetz plans to hold a hearing next month on “stand your ground” at the behest of House Speaker Will Weatherford, R-Wesley Chapel.
“It was very elegant window-dressing,” Gaetz, R-Fort Walton Beach, said of Tuesday’s Senate meeting.
Simmons said his changes were part of the recommendations of a task force ordered by Gov. Rick Scott to look into the law in the aftermath of the shooting of Martin, an unarmed black 17-year-old. Zimmerman was not charged with a crime for more than six weeks after the Feb. 26 shooting last year. Scott appointed a special prosecutor who eventually charged Zimmerman with second-degree murder after the failure of police to arrest Zimmerman prompted marches nationwide.
And Gaetz, a lawyer, said he does not feel compelled to take up Scott’s task force’s recommendations.
“I was not enamored by the work of the task force,” he said.
Gaetz said he plans to take up a measure proposed by Rep. Alan Williams, D-Tallahassee, that would repeal the law as well as the Castle Doctrine.
“At least his proposal frames up a real debate on the underlying issues,” Gaetz said.
But Simmons and Smith said they hoped Tuesday’s actions would “send a message” to the House that Democrats and Republicans can work together.
Florida’s “stand your ground” law has become a flashpoint for minority groups like the NAACP, especially in the aftermath of Zimmerman’s acquittal.
Zimmerman claimed he shot Martin in self-defense but did not use “stand your ground” to avoid being prosecuted. But the law spawned changes to jury instructions that at least one Zimmerman juror said resulted in the not-guilty verdict.
NAACP general counsel Kim Keenan traveled from Washington and had dinner with Simmons and Smith, who is black, the night before the meeting.
Keenan praised the two senators for working together to reach a compromise in contrast to the gridlock in Congress that has shut down the government.
The NAACP supports the Simmons/Smith bill but favors repealing the law, Keenan said.
“We think it’s a step in the right direction,” she said. “This is about creating a world that is not the wild, wild west.”
Several members of the “Dream Defenders,” a group that held a 30-day sit-in outside Scott’s Capitol office after the Zimmerman verdict spoke against the measure, citing studies that showed minorities are more likely to be charged with a crime when the victim is white.
“Rather than make our communities safer, this law forced us to meet force with force,” Elijah Armstrong, a member of the organization and a Florida A&M University graduate student, said. ” ‘Stand your ground’ laws make it more dangerous for a black person to walk down the street.”
Although Smith intends to try to amend the measure to further define who the aggressor is in “stand your ground” situations, he called Tuesday’s debate itself a victory.
“Today was significant that we got something done, that we moved a comma,” Smith said, referring to Gaetz’s earlier contention that “not one damn comma” in the law needs to be changed.
“Having the discussion, having it so that people from the public from Dream Defenders to NRA were able to speak on the record in a Senate committee about this issue, that’s something we haven’t been able to get in the past,” he said.
by Dara Kim, The News Service of Florida
Person Of Interest In One Shooting Arrested For Earlier Shooting At Bar
October 8, 2013
An Escambia County man who was named as a person of interest with a September 28 shooting at Ray’s Soul City has been arrested in connection with an early shooting at the same establishment.
Cordaryl Misean Lovely, 24, was charged with aggravated battery and possession of a firearm by a convicted felon for an August 31 shooting incident at Ray’s Soul City. During the incident, Lovely fired shots inside of the establishment before the gun was taken away from him, the Escambia County Sheriff’s Office said.
Lovely has not yet been charged with the September 28 shooting; the sheriff’s office said that investigation is ongoing.
Firefighters Respond To Smoke At Tate High School
October 8, 2013
Firefighters responded to the smell of smoke in a building at Tate High School this morning.
Light smoke was reported in the attic space of the Pierce Building, located on the corner of the school campus at the North Tate School Road entrance. The building was evacuated as firefighters narrowed down the cause of the smoke to a burnt-out light ballast.
Power was secured to the building as maintenance staff worked to make repairs.
Floyd Convicted Of Capital Murder For Shooting Woman
October 8, 2013
An Atmore man has been convicted of capital murder for shooting and killing his girlfriend in early 2012.
An Escambia County (Ala.) jury returned the guilty verdict Monday against Cedric Jerome Floyd for the January 2, 2012, murder of Tina Roshell Jones, 43, inside her 5th Avenue residence in Atmore.
His attorneys, Charles Johns and Kevin McKinley, contended the Atmore Police Department did not properly handle evidence in the case. They also unsuccessfully tried to obtain a change of venue in the case because of pretrial publicity they said would make it impossible for Floyd to receive a fair trial in Escambia County, Ala.
The Murder
Jones called 911 at 12:46 Sunday morning, January 2 to report that Floyd was breaking into her home. Two minutes later, Atmore Police officers arrived and found Jones lying in the floor of the home with what appeared to be several gunshot wounds, according to Atmore Police. She was transported to Atmore Community Hospital where she was later pronounced dead.
“Witnesses at the scene said they were asleep, but were waken by Floyd demanding keys to a vehicle. After several moments, Floyd fled the scene on foot,” said Jason Dean, Atmore Police chief, said shortly after the crime.
“While officers were at the residence, the Escambia County Sheriff’s Office received a 911 call from Cedric Jerome Floyd, 28 years of age, the boyfriend of Jones, stating he wanted to turn himself in. Deputies responded to Freemanville Drive where Floyd met officers. Floyd was then taken into custody,” said Dean.
Police said Floyd made forcible entry into the home through Jones’ bedroom window in the rear of the home.
Escape To Pensacola
Floyd escaped from the Escambia County (Ala.) Detention Center in Brewton in October 2012. After a massive manhunt, he was captured the following day as he was walking near Pace Boulevard and Clarinda Lane, just south of the Pace-Palafox split, in Pensacola.
Flesh Eating Bacteria Cases Confirmed In Escambia And Santa Rosa
October 8, 2013
Monday, the Florida Department of Health in Escambia County has confirmed the first case of the flesh-eating bacteria Vibrio vulnificus in an Escambia County resident this year, and a case was confirmed in Santa Rosa County on Tuesday.
The health department urges residents to avoid eating raw oysters and exposing open wounds to seawater and estuarine water that may harbor the bacteria called Vibrio vulnificus. Occurring naturally in the warm waters, particularly during the warm summer months, Vibrio vulnificus has the potential to cause serious illness.
Symptoms of Vibrio vulnificus wound infections typically include swelling, pain, and redness at the wound site. Both gastrointestinal and wound infections may cause nausea, vomiting, abdominal pain, diarrhea, fever, chills, and the formation of blistering skin lesions. Individuals experiencing these symptoms should contact a physician immediately for diagnosis and treatment.
Those with liver damage due to excessive drinking and individuals with liver disease, including Hepatitis B, Hepatitis C, and cirrhosis, are most at risk for developing serious illness from Vibrio vulnificus. Other at-risk health conditions include hemochromatosis (iron overload), diabetes, cancer, stomach disorders, or any illness or treatment that weakens the immune system such as chemotherapy or radiation therapy. At-risk individuals are more likely to become extremely ill or die from eating raw oysters containing these bacteria. People in these high-risk groups are also at risk of serious illness if they have wounds, cuts, or scratches and wade in estuarine areas or seawater where the bacteria might be present. Individuals living without these conditions can become ill from eating raw oysters containing these bacteria and from exposing open wounds to sea and estuarine waters, although their illnesses tend to be less severe.
DOH investigates all reported cases of Vibrio vulnificus in Florida. When cases result from food exposure, the Department works with regulatory agencies to identify the seafood’s harvest area. The Florida Department of Agriculture and Consumer Services is also notified and may shut down the harvest area and recall seafood if multiple incidents emerge from the same location.
Thoroughly cooking oysters, either by frying, stewing, or roasting eliminates harmful bacteria and viruses in the meat. Consuming raw oysters that have undergone a post-harvest treatment process to eliminate the bacteria can also reduce the risk of illness
Taking A Bite Out Of Hunger: Peanut Butter Drive Underway
October 8, 2013
The Escambia County Extension office, the University of Florida Institute of Food & Agricultural Sciences (UF/IFAS), the EscaRosa Young Farmers and Ranchers and the Florida Peanut Producer Association are collecting peanut butter now through mid-November to help take a bite out of hunger.
The groups are accepting donations of unopened jars of peanut butter to be donated to local food pantries during Farm-City Week.
“Let’s keep children eating locally grown peanuts in healthy, nutritious, and yummy peanut butter,” is a slogan being promoted for the drive. The extension service said the average child will eat 1,500 peanut butter and jelly sandwiches before graduating high school.
Unopened jars of peanut butter of any brand can be dropped off until November 15 at any of the following locations:
- Escambia County Extension office, 3740 Stefani Road, Cantonment
- Escambia Farm Bureau, 153 Highway 97, Molino
- Escambia County Public Safety, 6575 North W Street, Pensacola
- Escambia County Community & Environment Dept. 223 Palafox Place, 3rd Floor, Pensacola
- Gilmore Services, 31 East Fairfield Drive, Pensacola
For more information contact Escambia County Extension at (850) 475-5230.
Pictured top: Local peanut grower Rodney Helton and his granddaughters. Courtesy photo for NorthEscambia.com, click to enlarge.