FDLE Raid on COVID Whistleblower Raises Numerous Legal Concerns

A woman who claimed she was fired by the State of Florida because she blew the whistle on faulty COVID-19 reporting created nationwide headlines after she posted a video of police entering her residence.

Though Florida Department of Law Enforcement agents were acting pursuant to a warrant, the December 7 search of Rebekah Jones’ home has sparked controversy. Regardless of whether one agrees with Ms. Jones’ views on COVID reporting, her case raises various legal issues that affect a wide range of complex criminal prosecutions, such as:

• Online identity — After the controversy over the raid erupted, the FDLE defended its actions by alleging that illegal activity was traced back to the Internet Protocol (IP) Address associated with Ms. Jones’ home. Experts on the subject note that spoofing someone’s information in this way is possible, so even if authorities claim that unlawful acts have been linked to the internet connection at your residence or workplace, you might be able to counter the charges against you.
• Definition of hacking — There’s no question that computer hacking is a serious problem that can lead to financial losses and other types of harm. However, the aggressive law enforcement action against Ms. Jones indicates how the state’s anti-hacking statute might be used to punish relatively harmless activity under a broad definition of “unauthorized access.” Rather than stealing money or information from the state, the hacking accusation stems from a group message that was sent to Ms. Jones’ former co-workers. Still, under the letter of the law, this can be charged as third-degree felony, which carries a maximum prison sentence of five years.
• Allegedly overzealous police action — In the weeks following the seizure of her computer equipment and cell phone, no charge was brought against Ms. Jones, and there was no evidence that the state warned her about the potentially illegal conduct. With this in mind, and considering the nonviolent nature of the purported offense, some legal observers believe that the case should have been handled through communication instead of an early morning raid at her home involving armed officers who confronted Ms. Jones in the presence of her children.

Due to Ms. Jones’ high public profile and the national attention devoted to COVID-19, the FDLE raid on her home has triggered national media attention and led to speculation that the action taken by law enforcement was designed to intimidate her. Unfortunately, most targets don’t have the ability to shine a spotlight on overly aggressive law enforcement. If you’ve been accused of illegal activity, working with an effective Florida criminal defense lawyer can help you safeguard your rights and challenge evidence that was gathered unlawfully.

The Law Office of Roma W. Theus, II, P.A. in Wellington handles a wide range of complex criminal defense matters in Florida as well as in other locations around the country. If you require strong advocacy from an accomplished attorney, please call 954.281.4851 or contact me online for a consultation.