Florida Sunshine Law Request - Search Warrant for a Phone Passcode - SC20-1419 State of Florida v. Johnathan David Garcia & Oral Arguments Heard on November 3rd, 2021

To Whom It May Concern:

Pursuant to the Florida Sunshine Law, s. 286.011, F.S., I hereby request the following records:

All court records or transcripts regarding the discussion and the legality of a search warrant related to phone passcodes or requiring an act of production upon an individual in terms of compelling someone to probe the contents of their own mind to unlock their phone. The time frame I specify is from 2018 to 2023, on the day this request is processed.

To my recollection, it was heard before the Florida Supreme Court in terms of oral arguments but it’s not clear to me whether it was a court case itself and it may not have been. I’m not sure if there is only one instance of this specific topic before the court.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I would also appreciate an approximate time frame for this request to be processed. Depending of the time frame for the request to be fulfilled and any fees that may be incurred, I may revise the criteria.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as required by law.

Sincerely,

Bailey Pillon

To Whom It May Concern:

I apologize, and I am currently trying to locate it, but it is related to oral arguments presented to the Florida Supreme Court on this YouTuube channel: https://www.youtube.com/@FloridaSupremeCourtTallahassee/videos , which I presume is the official YouTube channel of the Florida Supreme Court. It involved a debate (as in, opposing arguments) on the validity of a search warrant to be executed in essentially compelling that someone can compelled to unlock their own phone, in this case I believe it was an iPhone.

On one side, by an attorney, it was that it was considered an Act of Production with testimonial qualities and that it necessitates that an individual probe the contents of their own mind to do so. On the the opposing end, by the opposing attorney, it was merely akin to providing a key to a safe, which whether or not an individual complies, the safe can simply be broken into - and at some point, the "Foregone Conclusion Doctrine" was mentioned but I cannot recall the precise context surrounding it. The consequences of whether or not someone is lying or being deceptive, either directly or indirectly, was brought up, I believe, in that they may provide the wrong passcode and not purposely, and that could be considered perjury or something of that nature. Or that an individual need not comply in the first place, and so on.

I will continue searching for it, provide the YouTube link, and that would greatly narrow down the scope and specificity here.

Thank you,

Bailey Pillon

To Whom It May Concern:

NOTE: I realize that some of these records are freely available online, but I clarify to request if there exists any records that aren't available online relating to these cases, within your jurisdiction and court.

I have found the YouTube video I mentioned, see here: https://www.youtube.com/watch?v=ZbSuP51mGpY&list=PLu5rcru6jerYgL_P9asskkOp3L1XOAfh-

It took place on Wednesday, November 3, 2021 in the format of oral arguments being presented in front of the Florida Supreme Court, it includes several cases, including the case I am specifically referring to here: SC20-1419 State of Florida v. Johnathan David Garcia. The summary of that day's oral arguments can be found on the Florida Supreme Court's official website: https://supremecourt.flcourts.gov/News-Media/Case-Summaries-Schedule/November-2021-Summaries . I have also located The Florida Supreme Court's opinion on the case, dated October 27th, 2022: https://supremecourt.flcourts.gov/content/download/851656/opinion/sc20-1419.pdf .

Therefore, pursuant to the Florida Sunshine Law, s. 286.011, F.S., I hereby request the following records:
1. All records/documents that were created on or about November 3rd, 2021 that are related to the oral arguments regarding SC20-1419 State of Florida v. Johnathan David Garcia
2. All records/documents that were created on or about November 3rd, 2021 pertaining to the other cases in which oral arguments were heard on the same day, November 3rd, 2021:
SC20-1167 Airbnb, Inc. v. John Doe, et. al.
SC20-1356 Laurel M. Lee, Etc. v. County of Volusia, et. al.

3. The reason why Justice Grosshans recused himself regarding SC20-1419 State of Florida v. Johnathan David Garcia.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I would also appreciate an approximate time frame for this request to be processed. Depending of the time frame for the request to be fulfilled and any fees that may be incurred, I may revise the criteria.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request.

Sincerely,

Bailey Pillon

To Whom It May Concern:

That's no issue. Thank you and I sincerely look forward to your responsive records with the exception of (3.) and my apologies for that.

Sincerely,

Bailey Pillon

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Bailey Pillon