Importance of Cell Phone Records – Restrepo v. Carrera

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Before you ask for a Defendant’s cell phone records in a car accident case, make sure the criminal case is closed.

Restrepo v. Carrera, __ So. 3d __, 2016 WL 231955 (Fla. 3d DCA 2016)
Defendant Restrepo sought review of a trial court order that directed her to “provide cell phone numbers and/or names of providers used during the six (6) hour period before the time of the crash and the six (6) hour period after the crash, with the same to be provided within thirty (30) days from the date of this Order.”  Carrera agreed that the request was overreaching with the criminal case still open.

As expected, Restrepo appealed arguing the order violated her Fifth Amendment rights and was a “departure from the essential requirements of law from which petitioner has no adequate remedy on appeal.”  Upon review of the petition and based on respondent’s concession of error that the trial court’s order directing petitioner to reveal information regarding her cell phone violates petitioner’s Fifth Amendment rights, while her criminal case is pending, and constitutes a departure from the essential requirements of law from which petitioner has no adequate remedy on appeal, we grant the petition and quash the order requiring petitioner to provide information regarding her cell phone number and her cell phone carrier. We express no opinion on the status of the petitioner’s Fifth Amendment rights once her criminal case has concluded.

Therefore, the appellate court granted review and quashed the order.

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