Should I Let Police Search My Phone or Computer If Under Investigation for Cyberstalking?

No! No! No! The police may say to you if you let us just look atyour phone and download some information we will let you go. This is a lie – they want to gather evidence against you to arrest you. The police can lie to you to get evidence, or in this case, your cell phone data.  Don’t be fooled into thinking if I just give them my phone all will be okay.

Remember! If the police already had enough evidence against you to rise to the level of probable cause they would not need the data from your phone to help convict you.

So, what is Cyberstalking?

Cyberstalking is a serious criminal offense. Under Florida Law, cyberstalking occur via communications over the internet, cyberspace, and through text messages. Cyberbullying, masquerading as the victim on-line, anonymously posting private information about another person, texting sexually provocative information or pictures (sexting), and on-line sexual harassment are acts associated with cyberbullying.

Due to the increased use of smartphones and other technologies, accessing the internet is easier than ever. Cyberstalking does not always have to be on the internet, however. Text messages or emails can also be used for cyberstalking someone. When threats are made through electronic communication, cyberstalking becomes aggravated and carries a harsher penalty.

Florida Statute 784.048 defines cyberstalking as causing series of communications which include words, pictures, images, or language through the use of any electronic l, the internet, phone text messaging targeted at a specific-person, which causes that person “substantial emotional distress” and serves “no legitimate purpose.”  Aggravated Cyberstalking is defined by Florida Statute as: a credible threat against the life of the person or a threat to cause bodily injury to the person which is made with the intent to cause the person to reasonably fear for his or her safety.

Cyberstalking is a first degree misdemeanor punishable by 12 months in county jail, and a $1,000.00 fine for each alleged act. Aggravated cyberstalking on the other hand is a third degree felony and punishable by five years in Florida State prison and a $5,000.00 fine.

If you are already subject to an injunction or restraining order protection against domestic violence, repeat violence, sexual violence, or dating violence, or after any “no contact” provision is imposed by the court, and maliciously, knowingly, and willfully cyberstalk a person subject to the court order of protection, you may be charged with aggravated stalking. Also, any instance of cyberstalking directed at a child or minor under the age of 16 can result in a charge of aggravated cyberstalking and charged as a third degree felony.
If you are accused of cyberstalking or aggravated cyberstalking, it is important to not let the police search your phone or computer without a warrant. As always, its best to consult an attorney if you are unsure.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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