Warrant Needed For "Black Box" Data In Florida

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement could download information from a vehicle's event data recorder (aka black box). In so ruling, the majority reasoned there was a reasonable expectation of privacy in the information retained by an event data recorder, and downloading that information without a warrant violated the Fourth Amendment.

Worsham, who was charged with DUI manslaughter and vehicular homicide, moved to suppress evidence police obtained from the vehicle's black box. The motion was granted, and the majority upheld the suppression of data from the black box, focusing on the evolving nature of technology and privacy. It analogized the black box information to that of other electronic storage devices for which courts have recognized a reasonable expectation of privacy, such as