Your cell phone is a tracking device

Aiken O’Halloran and Foley
Experienced State and Federal Criminal Defense Attorneys
Ft Myers 239-334-8890
The Cape 239-984-4994
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Charlotte 941-639-6009
Sarasota 941-366-3506

June 2018

They know where you have been

• Most people don’t have a clue that the cell phone in their pocket is a tracking device. The Supreme Court this week decided a case that requires the police to get a search warrant to get the tracking location information from your provider. The problem is, the police have been doing this for years without a warrant. That is how they put suspects at the scene of a murder, a hit and run, a burglary or a robbery. The cell phone companies know your every move and the police know they can get the information from the cell phone companies.

As a Ft. Myers criminal defense lawyer, in many of my serious cases, I learned that the detectives have gotten this information. How they obtained it may have been illegal or improper and the new Supreme Court opinion will help us in defending cases that involve cell phone data. Some of the departments have been getting search warrants, and some have not.

In a Charlotte county case, a few years back, they put my client at the scene of an aggravated battery by using cell phone tracking data. They claimed that he made a call to an old girlfriend who was in bed with someone else while he standing outside the house. That type of information and evidence is damaging. The jury found him not guilty anyway on other grounds, but the fact that the police can put a person at the scene of a crime with cell phone tracking data hurts.

The Cape Coral police routinely use cell phone tracking data to put people at the scene of a drug deal,a robbery or a sexual assault. If you are texting or talking on the phone while driving, and hit someone and take off, they can put you at the scene at that very moment if they have your cell phone data. Big Brother really does know where you are, and law enforcement has a fantastic tool to really build a solid case. If you are under investigation by the Lee County Sheriff’s department or detectives from the Cape Coral, Leheigh or the City of Ft. Myers, talk to a good criminal defense lawyer before making any statement.

Keep your mouth shut and lawyer up. It may only be a matter of time until the police come knocking if they get your cell phone information. It is a lot easier to talk to a lawyer before you are arrested.

Should I sell my AR-15?

Attorney Peter D Aiken Ft. Myers 239-334-8890
Attorney Peter D Aiken
Ft. Myers 239-334-8890

Did you know that the AR-15 is the number one selling rifle in the United States?

Every time there a mass shooting the rumor of regulation or banning AR-15s fuels a run up in the market price of this gun. My prediction is that ultimately, assault rifles are going to be regulated. They will not ban them, but there may well be registration and regulation in the form a tax like the present one on silencers and machine guns. It is hard to make an argument that the average family needs an assault rifle for home protection. For home protection, all you need is a good old fashioned pump shotgun, like a Remington 870. I have seen prices skyrocket and plunge on assault rifles depending on which way the political winds are blowing.

As a Ft. Myers criminal defense lawyer, over the years I have handled all types of firearms violations. Silencers are an instrument of death. Silencers are an instrument of death. I have heard Federal judges say this handing out ten year sentences. I have seen Federal Courts hand out stiff sentences for machine guns. If the Government can regulate silencers and machine guns, it is only a matter of time until you get similar regulation of assault weapons. There really is no hunting application for an AR-15. Do you really need an assault rifle to shoot a defenseless deer or wild pig? My prediction is that regulation and registration is coming, and coming soon.

Personally, I would rather see more focus on dealing with the deranged and mentally ill. Most of the mass shooting have been committed by young white males, not Islamic terrorists. The Sandy Hook shooter had his mother buy the guns for him. Things are tough in America. Guns are everywhere. The problem with having gun free zones is that when some crazy person gets inside, no one can defend themselves. Imagine how things may have been different at the “Pulse” if a few of the patrons or at least the security people had been armed. We need to strike a balance in this country between reasonable regulation and outright banning of guns. Too many people are dying each day in our society and there has to be some compromise on this issue.

If you have a firearms charge or have been charged with a crime involving a gun and you need and experienced criminal defense lawyer call 239 334 8890 for a confidential consultation.