S.D.Fla.: The FTC sought an order of production of cell phones and laptops for search in an action for injunction; production not testimonial and PC shown

The FTC sued defendants for injunctive relief and sought an order for production of cell phones and laptop computers. On the first issue of preservation of the Fourth Amendment claim in addition to the clearly asserted Fifth Amendment, the court finds they said that a search warrant was required while not citing the Fourth Amendment, and that’s preservation enough. As to the Fifth Amendment claim, the question is surrender, not testimony, and they have no Fifth Amendment privilege against surrender of the devices. As to the Fourth Amendment claim, the court finds that the FTC stated probable cause in its application for injunctive relief. FTC v. Pointbreak Media, 2018 U.S. Dist. LEXIS 157209 (S.D. Fla. Sep. 14, 2018).

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