Kendrick Herring v. State of Florida

Kendrick Herring appeals the trial court’s denial of his motion to suppress any evidence obtained as a result of the search and seizure of his real-time cell phone location data. The Appellant argues that he had an expectation of privacy in that real-time data and law enforcement’s failure to obtain a warrant violated his Fourth Amendment rights. We agree and reverse.

I. Facts

On March 18, 2011, Timmy Andrew and the Appellant made contact via cellphone to arrange a drug deal. Andrew and his friend, Terry Eubanks, met the Appellant around 10:30 p.m. When they arrived at the address the Appellant…