Supreme Court of Florida

Shawn Alvin Tracey, Petitioner v. State of Florida, Respondent — Canady, J., Dissenting

October 16, 201492 A.L.R. Fed. 2d 587

Summary

Justice Canady dissents, holding that cell‑site location information obtained from a cell‑phone provider is subject to the third‑party‑disclosure doctrine articulated in Smith v. Maryland and therefore does not constitute a Fourth Amendment search; he would affirm the Fourth District Court of Appeal’s denial of Tracey’s motion to suppress. The dissent argues that the majority’s approval of the denial is erroneous.