{"id":5833,"date":"2011-12-28T08:15:33","date_gmt":"2011-07-28T08:47:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-28T08:47:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5833","title":{"rendered":"FL5: LoJack telling police where stolen computer was at request of victim did not violate Florida Security of Communications Act"},"content":{"rendered":"<p>An airline passenger had a computer stolen from her bags in transit from Houston to Orlando. The computer has <a href=\"http:\/\/www.absolute.com\/en\/lojackforlaptops\/home.aspx\">LoJack<\/a> software on it, and she had the computer traced. The software company notified the police where the computer was, and the police used that to get a search warrant for defendant\u2019s property. Defendant\u2019s claim that obtaining the location information somehow violated Florida Security of Communications Act, chapter 934, specifically \u00a7 934.23, was unavailing since it was done at the request of the victim. Defendant was a baggage handler at the Orlando airport. <a href=\"http:\/\/www.5dca.org\/Opinions\/Opin2011\/071811\/5D09-4197.op.pdf\">State v. Oliveras<\/a>, 65 So. 3d 1162, 36 Fla. L. Weekly D 1573 (Fla. 5th DCA 2011) [And, it seems incredibly unlikely that he would have &#8220;standing&#8221; to contest gathering that information at all since it was about a stolen computer he had in his possession.]<\/p>\n<p>Defendant had a parole condition limiting his access to computers. The PO received information that defendant was viewing adult porn on his computer. The PO had an objectively reasonable basis for a search and seizure of the computers. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2011\/2011-ohio-3557.pdf\">State v. Plastow<\/a>, 2011 Ohio 3557, 2011 Ohio App. LEXIS 3004 (5th Dist. July 18, 2011).*<\/p>\n<p>Defendant was stopped for not having his child in child\u2019s carseat. His grabbing the officer\u2019s arm during the stop was a separate crime that led to his valid search incident. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2011+Ga.+App.+LEXIS+700+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2011+Ga.+App.+LEXIS+700+&amp;searchTerm=\">O\u2019Neal v. State<\/a>, 311 Ga. App. 102, 714 S.E.2d 744 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5833\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5833","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5833"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5833\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}