Articles Posted in Digital Evidence

What Happens When Police Destroy Evidence in Florida? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: November 4, 2026. Originally published in December 2025. When police destroy or lose evidence in Florida, the charge usually goes forward, but the defense can show the jury what was lost and why. A court will dismiss the case or exclude evidence only if the evidence was clearly exculpatory or the defense proves…

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Is Video Voyeurism a Felony in Florida? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: November 2, 2026. Originally published in June 2025. Yes. Video voyeurism, now called digital voyeurism under section 810.145, Florida Statutes, is a third-degree felony punishable by up to 5 years in prison when the accused is 19 or older, and a first-degree misdemeanor when the accused is under 19. Sharing or selling the…

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How Do You Fight a Child Pornography Charge in Florida? (2026)
Brancato Law Firm, P.A.

Rewrite/update date: November 2, 2026. Originally published in April 2025. You fight a child pornography charge in Florida, now called child sexual abuse material (CSAM) under the statute, by attacking three things the State must prove: that the search was lawful, that you knowingly possessed or intentionally viewed the files, and that the files were…

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Can Social Media Make You a Gang Member in Florida? (2026)
Brancato Law Firm, P.A.

Updated November 8, 2026 Yes, it can now count. Since October 1, 2026, Florida’s definition of a “criminal gang member” in section 874.03(3) includes admitting gang membership online, using gang-related language on social media in furtherance of gang activity, and authoring any communication that indicates gang affiliation. A person meets the definition by satisfying any…

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Messaged a Minor Online in Florida? What to Do Right Now (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. If you messaged a minor online in Florida, stop all contact now, do not delete anything, do not talk to police or the other person’s family, and speak with a defense lawyer before anyone knocks on your door. Messages alone can be a crime: using a phone, app,…

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What Is Florida’s 10-Day Search Warrant Rule? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. Florida’s 10-day search warrant rule, found in section 933.05, Florida Statutes, requires most search warrants to be executed and returned within 10 days after they are issued. A warrant executed late is stale, the search is invalid, and the evidence must be suppressed without any showing of prejudice,…

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Google Account Legal Request in Florida: What to Do (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. A Google account legal request notice means a police agency or prosecutor used a subpoena, court order, or search warrant to get information about your account, and Google has already responded or is about to. These notices are usually real, not phishing, and they often arrive weeks or…

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Can Cell Phone Location Evidence Prove Your Alibi? (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 26, 2026. Yes. Cell phone location evidence, including GPS coordinates, cell tower records, Wi-Fi connection logs, and app location history, can show that your phone was miles from the crime scene at the moment the crime happened. To work as an alibi in a Florida criminal case, the defense has…

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What Are Flock Cameras and License Plate Readers in Tampa? (2026 Florida Guide)
Brancato Law Firm, P.A.

Updated November 7, 2026. Fully rewritten and updated October 23, 2026. Flock cameras are automated license plate readers (ALPRs): small, usually solar-powered cameras that photograph passing vehicles, convert the license plate into searchable data, and record the car’s make, color, and other features. Police use the data two ways: real-time alerts when a plate matches…

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Is Porn Legal in Florida? What the Age Verification Law Means for You (2026)
Brancato Law Firm, P.A.

Fully rewritten and updated October 23, 2026. Yes. Porn is legal in Florida for adults 18 and older when everyone shown is an adult who consented and the material is not legally obscene. Porn is not banned in Florida, but since January 1, 2025, Florida’s age verification law (HB 3, section 501.1737) requires adult websites…

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Meet Rocky Brancato

For over 25 years, Rocky Brancato has been a prominent force in Tampa Bay’s legal arena. Rocky rose to second-in-command at Tampa Bay’s largest defense firm before launching Brancato Law Firm, P.A. As a former specialized major crimes attorney for serious offenses like...