Judge Carroll
JUDGE CARROLL RULES IN MAJOR DECISION THAT SARASOTA CITY POLICE DEPARTMENT ILLEGALLY VIOLATED ZIEGLER'S CONSTITUTIONAL RIGHTS
ROGUE SARASOTA POLICE DECTECTIVES DISREGARDED ZIEGLER’S CONSTITUTIONAL RIGHTS IN SEEKING ILLEAGAL SEARCH WARRENTS
THE SPD KNEW ONE MONTH INTO INVESTAGATION THE ALLEGED VICTIM ACCUSING ZIEGLER OF SEXUAL ASSULT AND RAPE WAS LYING AND ZIEGLER WAS INNOCENT
ROGUE SPD DETECTIVES USED ILLEGAL SEARCH WARRENTS TO GO ON "FISHING EXPEDITION" TO DESTROY ZIEGLER'S
THE SARASOTA POLICE LEAKED INFORMATION TO LOCCAL MEDIA AND OTHER ZIELGER HATERS TO DEMONIZE ZIEGLER'S BY FOLLOWING A FALSE BARFIELD NARRITIVE
On 11/1/23 Sarasota Police detective Angela Cox filed an affidavit witnessed by SPD detective Maria Llovio seeking a search warrant to take control of Christian Ziegler IPhone. The affidivit did not mention Cox had information that there existed clear evidence exonerating Christian Ziegler of an alleged rape charge on 10/2/23.
If Cox would have mentioned that information seeking States Attorney Ed Brodsky and Judge Thomas Krug to sign off on that search warrant, the warrant would not have been authorized.
Christian Ziegler
Then on 11/15/23 and 12/8/23, Cox and SPD detective Megan Buck proceeded to seek search warrants to go on a "fishing expedition" to find evidence to arrest the then Chairaman of Florida Republican Party (RPOF), Christian Ziegler.
The 11/15/23, Cox affidavit again witnessed by Llovio sought Ziegler's google account, and again not mentioning that Cox had clear evidence that Ziegler committed no crime.
The 12/823 Buck affidavit in seeking a search warrant of Ziegler's Meta/Instagram messages asserted in her affidivit, “valuable evidence will be located within the suspect’s account which will provide additional information about his criminal activity.”
Despite that assertion, Detective Cox testified at a recent trial that, in her opinion, the Meta/Instagram warrant on 12/8/23 failed to produce any evidence relevant to SPD’s investigation of Ziegler.
SPD detectives Buck, Cox and Lovio despite knowing on 11/1/23 that there was no evidence to arrest the RPOF Chairman for an alleged rape charge on 10/2/23, these three SPD detectives went on a "fishing expedition" with three affidavits seeking illegal search warrants.
Bridget Ziegler
SPD detectives were not only out to arrest Christian Ziegler, but also out to politically destroy his wife, Sarasota County School Board member Bridget Ziegler.
CARROLL RULES THREE SPD ZIEGLER SEARCH WARRENTS ILLEGAL
On 7/1/23 Judge Hunter Carroll ruled that those three SPD search warrants concerning Christian Ziegler's IPhone, Ziegler's Google account and his Meta Instagram data amid rape allegations were illegal and violated Ziegler’s constitutional rights.
Judge Carroll further ruled that law enforcement’s actions with respect to those three illegal warrants were patently erroneous, constitutionally intolerable and violated Ziegler's Fourth Amendment rights.
THREE FILED SPD AFFIDAVITS VIOLATIONS OF ZIEGLER'S 4TH AMEMDMENT
SPD rogue detective’s Cox, Llovo and Buck in filling three affidavits were in clear violations of precepts of the 4th Constitutional amemdment.
For example, In the 46-page ruling Judge Carroll said SPD's three search warrants violated Ziegler's Fourth Amendment rights, which the text of the Fourth Amendment expressly imposes these requirements:
CARROLL RULES "SEARCHES AND SEIZURES MUST BE REASONABLE"
First, all searches and seizures must be reasonable, which they were not. Second, a warrant may not be issued unless probable cause is properly established, which it was not and the scope of the authorized search is set out with particularity, which it was not.
The particularity requirement stands as a bar to exploratory searches by officers armed with a general warrant. A warrant must sufficiently describe what is to be searched and seized.
Carroll compared the seizure of Ziegler's phone records to King George III searching homes during the American Revolution. He said searching someone's phone is "functionally the same" as searching someone's house, as cell phones can "contain a person's entire life story.
Judge Carroll ruling orders police and the state attorney's office to destroy original copies of records found through the illegal warrants "promptly and without delay."
Barfield on his way to third prison sentence
The SPD detectives went on a fishing expedition seeking potential crimes committed by Ziegler, other than the alleged rape charge on 10/2/23. They also sought information on the Ziegler's private life to pass onto a 68 CONVICTED felon political operative Michael Barfield to destroy the Ziegler's politically, financially and personally.
Ziegler’s constitutional rights were violated when the three before mentioned rogue unsupervised SPD detectives filed three illegal affidavit’s that should have never been filed and fed information to Barfield.
SPD detectives were in violation of Ziegler constitutional rights when SPD officers went on a fishing expedition for over five days digging into over 30,000+ videos and 250,000+ electronic photographs and thousands of text messages on Ziegler’s IPhone and google account.
SPD Detective Cox testified that none of the data observed before the alleged crime taking place 10/2/23 involved Ziegler’s alleged victim, and none of them depicted any illegal activity, but they were seized anyway and observed.
Sarasota City Hall
CITY OF SARASOTA FACING LAWSUIT IN THE $MILLIONS$
Judge Carroll stated, ironically, "had Mr. Ziegler been criminally charged; he would have had a well-established forum in the criminal case within which to seek suppression based on a violation of the Fourth Amendment. That Mr. Ziegler never was arrested nor criminally charged cannot preclude Mr. Ziegler from vindicating the violation of his constitutional rights."
Ziegler, not being precluded from vindicating the violation of his constitution rights, as stated by Judge Carroll can now sue the City of Sarasota for $millions in a U.S. Federal Court."
HAS THE SPD BEEN ENGAGED IN MANY OTHER ILLEGAL SEARCH WARRANTS?
Not only does the City of Sarasota have a serious legal problem in a potential multi- million-dollar lawsuit, Judge Carroll's ruling that three illegal affidavits seeking search warrants violating Ziegler constitutional rights raises another serious legal issue:
How many other illegal unconstitutional illegal affidavits seeking search warrants have been filed against those, who do not have the financial resourses Ziegler has in pursuing this injustice?
Buck, Cox and Llovio and Buck should all be on suspension until an independent investigation of the SPD by Governor Ron DeSantis determines that violating the constituently rights of alleged crime victims is not an ongoing practice at the SPD.
BARFIELD AND OTHER MEDIA OUTLETS TO END THE ZIEGLER "WITCH HUNT"
Judge Carroll ruling also denied Barfield's and other media outlets attempts to further publish information that violates Ziegler's constitutional rights. Judge Carroll ruled "that the contents of Ziegler's phone did not fall under Florida's public record law because it was obtained through warrants deemed illegal."
Sarelson with Christian and Bridget Ziegler
Ziegler’s attorney, Matthew Sarelson stated, “We’re grateful the Court took the time to do a deep dive into Constitutional law because it’s the Constitution that gives us the victory. These were three, overbroad, general warrants to obtain literally everything on Christian’s phone, which is tantamount to everything in this life. Hopefully, something like this never happens to anyone else ever again." Sarelson called the ruling a "win for all Floridians."
The 68 CONVICTED felon Barfield and former ACLU President on the left with his long time Democrat Attorney Morgan Bentley on the right seeking more illegal leaks from SPD
Sarelson stated concerning the 68 CONVICTED felon, Michael Barfield seeking more information on the Ziegler's private life be released stated, "For reasons that border on the perverse and the obscene, Michael Barfield—a well-known Democratic operative, disbarred attorney, and felon— and various news outlets—not considered fair and balanced towards prominent Republicans or conservatives—appear to want everything on this phone. Literally everything. The idea that this is what the legislature had in mind when it enacted Florida’s Public Records Act is comical on its face."
THREE ROGUE SPD DETECTIVES VIOLATED ZIEGLER'S CONSTITUTIONAL RIGHTS
The devastating Judicial 46-page ruling took apart City of Sarasota Police Department detectives Buck, Cox and Llovio for blatantly violating and totally disregarding Christian Ziegler’s constitutional rights in submitting illegal affidavits to seek search warrants on Ziegler's social media outlets.
The 46-page report found that three rogue Sarasota Police Department law enforcement detectives sorted through more than 250,000 photos and 30,000 videos from Ziegler's phone, as well as 1,200 text messages between Ziegler and his wife Bridget Ziegler in going on a "witch hunt."
The SPD detecties went on a "fishing expedition" seeking potential crimes committed by Ziegler, other than the alleged rape charge on 10/2/23. They also sought information on the Ziegler's private life to pass onto Barfield.
City of Sarasota Police detectives went on a "witch hunt" for the Sarasota County School Board member Bridget Ziegler by digging deep into Christian Ziegler social medium outlets looking to destroy Bridget Ziegler politically, despite Bridget Ziegler committed no crimes or was alleged to have committed any crimes.
For example, instead of limiting the search for exhibits only connected to the alleged rape charges against Ziegler on 10/2/23, Cox and other SPD detectives used what they called the F7 Code set aside items to look back after going through the numerous items on Ziegler's IPhone for five days and going back years before 10/2/23.
SPD LEAKED INFORMATION TO A 68 CONVICTED FELON
Ziegler’s constitutional rights were violated when the three before mentioned SPD detectives filed three illegal affidavit’s that should have never been filed and fed information to Barfield, who has been called a "Con Man's Con Man" by a U.S. Federal Judge before sentencing Barfield to his third prison sentence.
Leaked information from the SPD, which Barfield was made privy to has led to potentially destroying the political, financial and personal lives of Bridget and Christian Ziegler, not to mention the damage to the Ziegler's three young children.
SHT reporters pushing Barfield illegal narrative
Zac Anderson/Chris Anderson/Steven Walker
Those illegal leaks to Barfield allowed Barfield to set a false narrative that led to the public lynching and a media frenzy of the Ziegler’s by a local Sarasota Herald Tribune, national and international media that was totally un warranted.
Barfield began to publish those leaked information to enhance his false narrative in his media publication on 12/1/23. and continued to published illegal information obtained by illegal search warrants on the Ziegler's private life, until recently being judicated to cease.
Does Barfield and others publishing information obtained illegally a crime?
Brodsky
COX FILED AFFIDAVIDS THAT FAILED TO STATE INFORMATION EXISTED EXONERATING ZIEGLER
In the 10/1/23 and 10/15/23 affidavits, Cox failed to mention that she had information exonerating Ziegler when she had States Attorney Brodsky and Judge Krug sign off on warrants. Neither Brodsky or Krug ware aware that Cox had information exonerating Zeigler when they signed off on those affidavits.
Bryd
For example, on 11/1/23, SPD detectives Cox, Llovio and their Supervisor Sargeant Charlie Riffe were given information by Ziegler’s attorney, Derek Byrd that there was a video that exonerated Ziegler.
It was arranged that on 11/2/23 that Cox, Llovo and Riffe were to meet with Byrd and Ziegler at Byrd’s office to view that evidence exonerating Ziegler.
Judge Krug
That information did not stop Cox from filling an affidavit at 10:37 PM on 11/1/23 seeking Brodsky and Judge Krug signing the search warrant before midnight on 11/1/23 to obtain Ziegler's IPhone. Cox mentioned NOTHING about the video exonerating Ziegler. Both States Attorney Brodsky and Judge Krug would have never signed off on the affidavit if SPD detectives Cox would have included that information in her affidavit.
On the morning of 11/2/23 a meeting that took place at Byrd’s office with Cox, Llvivo, Riffe, Ziegler and Byrd a video that Ziegler has in possession exonerating Ziegler was viewed by all in attendance.
The video of the sex act between Ziegler and alleged rape victim was brief in duration and the victim, who accused Ziegler of sexual battery and rape can be heard telling Ziegler to among other words, “climax in my mouth rather than on my new shirt.”, which should indicate with other words mentioned in video that the sexual act was consensual.
Lyra Apartments
Not only did the SPD have the Ziegler video hearing the alleged victim stating among other words “don’t cum on my new shirt” on 11/2/23, they also had in their possession the surveillance video from the Lyra Apartments where on 10/2/23 the alleged rape took place.
The apartment’s surveillance video where the local hairdresser lives alone at a $3,300 apartment shows Ziegler knocking on the woman’s door and the alleged victim opening the door and Ziegler walking into the apartment.
The video contradicts the woman’s claim to police that, "Ziegler walked into her apartment after she opened the door to walk her dog and placed her on a bar stole and raped her. "
The SPD sees in the surveillance video that the woman exiting the apartment together with Ziegler and while Ziegler leaves the apartment complex out a side door to his truck, the woman can be seen walking across the street to pick up her pizza and salad.
The alleged victim walked over 200 yards to cross Ringling Boulevard to Mozzarella’s Pizzeria and orders a pizza and a salad, while chattering with the owner of the establishment about that new shirt, which had a picture of former President Donald Trump on it.
Significant in establishing that the SPD had information concerning Ziegler’s innocence is that a Sarasota Phoenix reporter in conversation with owner of establishment heard what Cox and other SPD police officers heard in their TWO visits to the Pizzeria.
What the reporter and what Cox heard was that the owner of the Mozzrrial Pizzeria stating that the alleged victim was not intoxicated or exhibiting behavior of woman just raped a few minutes after the alleged rape..
Cox also had conducted three controlled conversations between Zigler and the woman with the conversations producing no evidence Ziegler committed sexual battery or rape before seeking the 10/1/23 affidavit.
What is near criminal is that detective Cox and the SPD knew all about the Ziegler video, the surveillance video at the Lyra Apartments and the three controled phone conversations and Cox did NOT mention any of that information in her affidavit seeking the signature of Brodsky and Krug.
At that 10/2/23 meeting at Byrd’s office, Ziegler was served with the affidavit filed by Cox that was fraudulently acquired and Ziegler turned over his iPhone. That would have not occurred if Cox would have mentioned the information excoriating Ziegler.
Edwards
EDWARDS AND LGBTQ ORGANIZATIONS JOINED IN FRENZY ON ILLEGAL LEAKED INFORMATION BY SPD TO BARFIELD
Furthermore, the SPD leaks obtained from illegal search warrants to Barfield producing Barfield's false narrative led to local and national LGBTQ organizations along with ultra-liberal media outlets to descent on Sarasota, which allowed the face of the local LGBTQ movement Tom Edwards to turn local School Board meetings into chaos.
Edwards mentioned in a LGBTQ publication that he knew about the SPD investigation from unnamed sources of Ziegler leaked information weeks before Barfield published his articles, as did other local Democrat liberal progressives seeking the election Edwards and Liz Barker, who all wanted to take down the Ziegler's.
S.O.S left-wing fanatic Schurr going off at a School Board meeting
Bridget Ziegler was the "red meat" that Edwards wanted Barfield to feed left wing fanatics, who have an unusual obsession with Bridget Ziegler. Their jealousy of Bridget Ziegler by S.O.S leaders like Lisa Schurr and Paulina Testerman has turned into a scary rage.
Moricz firing up Edwards and LGBTQ crazies
The unhinged left-wing fanatics fed by the SHT yellow journalism are led by Schurr and the Harvard dropout, Zander Moricz and other crazies from S.O.S.
Brill
Sarasota County Republican establishment Chairman Jack Brill also reported that he knew of leaked information coming from unnamed sources and had no problem following Barfield's false narrative taking down Christian Ziegler. Brill had no problem having Ziegler being replaced by the establishment Tallahassee Republican lobbysist, Evan Power.
LlSTED BELOW ARE JUDGE CARROLL'S COMMENTS FOUND IN HIS 46 PAGE RULING ZIEGLER'S CONSTITUTIONAL RIGHTS WERE VIOLATED BY THREE SARASOTA POLICE DEPARTMENT DETECTIVES .
JUDGE CARROLL COMMENTS ON SPD DETECTIVE ANGELA COX’S SEEKING A SEARCH WARRANT ON CHRISTIAN ZIEGLER'S IPHONE ON NOVEMBER 1, 2023
On November 1, 2023, SPD obtained a search warrant to seize and search Mr. Ziegler’s iPhone. The affidavit in support of this warrant, signed by Detective Cox.
In addressing the issue of particularity as applied to a subpoena duces tecum forments, the Florida Supreme Court noted that “reasonable particularity” may be satisfied by the description of a category of documents being sought “along with a reasonable period of time covered by the documents and a statement of the subject matter to which the documents pertain.”
Officers need to know that a warrant must provide guidelines for determining what evidence may be searched and seized and must be tailored to the probable cause established in the supporting affidavit.
Based upon , the Court finds that the phone warrant’s seizure of essentially the entire contents of Mr. Ziegler’s cellphone as “evidence” wholly fails to sufficiently identify specific records which were reasonably related to the investigation
This unrestrained search led to the seizure of, among other things, more than 7,200 spousal communications between the Ziegler’s predating by more than two years the alleged October 2, 2023, crime.
Upon serving the warrant, Detective Cox testified that over five days SPD imaged the phone’s entire contents onto their computer. She and other detectives them utilized the Cellebrite program to identify potentially relevant information from the phone.
This process was not spelled out in the warrant or otherwise controlled by the terms of the warrant. In other words, SPD had unfettered access to, and unbridled discretion in, seizing anything SPD wanted from Mr. Ziegler’s cellphone.
Making the seizure worse, only a handful of these communications even referenced Ms. Doe.
The Court further finds that, despite using Cellebrite to search the phone’s contents, SPD failed to conduct the search in a manner designed to minimize unwarranted intrusion upon irrelevant private communications or other ESI.
There was no established protocol governing how SPD would conduct its review of the contents to focus on seizing particularly identified items. This unrestrained search led to the seizure of, among other things, more than 7,200 spousal communications between the Zieglers predating by more than two years the alleged October 2, 2023, crime.
Although unnecessary for a finding of unconstitutionality, the Court also comments on yet another concerning factor of SPD’s investigation.
Despite knowledge, SPD in obtaining the cellphone warrant failed to include any information in the affidavit about the existence of the potentially exculpatory video or Mr. Ziegler’s offer to show the Video to law enforcement. Law enforcement simply cannot withhold relevant, potentially exculpatory information from the judge reviewing a warrant.
JUDGE CARROLL COMMENTS ON SPD DETECTIVE ANGELA COX’S SEEKING A SEARCH WARRANT ON CHRISTIAN ZIEGLER'S GOOGLE ACCOUNT ON NOVEMBER 15, 2023
SPD obtained the Google warrant pursuant to 18 U.S.C. §§ 2701, et seq., and section 934.23(5), Florida Statutes. See Ex. 2, p. 1. The supporting documents for the warrant contained the same factual allegations to the November 1st cellphone warrant with one substantive addition:
On 11/02/23, Detectives interviewed Christian Ziegler with his attorney present. Christian advised he had consensual sex with the victim, and that he took a video of the encounter on 10/2/23 of the victim. Christian said he initially deleted the video, but since the allegation, he uploaded the video to his Google Drive. Which we have not been able to locate upon a digital extraction. Id. at 99.
Disconcertingly, this statement of fact failed to alert the reviewing judge that during the November 2nd interview, SPD officers watched the Video and that the sexual encounter appeared consensual.
The affidavit also failed to alert the reviewing judge of Detective Riffe’s observation after watching the Video that the victim appeared to be “coherent.” See Ex. F, Transcript of 11/2/23 interview of Christian Ziegler at p. 19 (“Just on the video and I don’t know if [Mr. Byrd] heard it was well, I mean you could hear she’s coherent, but she’s slurring a little
The Court finds that the Google warrant was overly broad in that it authorized the seizure of Mr. Ziegler’s entire Google account as “evidence” despite investigating a crime allegedly occurring on October 2, 2023. Again, the warrant described the locations to be searched (i.e. web bookmarks, autofill data, wallet information, buddy lists, etc.) but it failed to identify the particular evidence being sought in those locations.
Further exacerbating this “over-seizing” mentality, there is no technological reason to obtain the entire contents of a Google or social media accounts because Google and other social media companies have the ability to produce only what is requested. This stands in stark contrast to the affidavit that affirmed there can be no narrowing or minimization until after searching the entire contents of the Google Drive.
Notably, Detective Cox testified that no relevant evidence was seized during the search of the ESI produced pursuant to the Google warrant.
The Court finds that the warrant authorizing the broad seizure of ESI contained in Mr. Ziegler’s Google Drive account was facially invalid and done in violation of his constitutional rights.
JUDGE CARROLL COMMENTS ON SPD DETECTIVE MEGAN BUCK SEEKING A SEARCH WARRANT ON CHRISTIAN ZIEGLER'S META/INSTAGRAM ACCOUNT ON DECEMBER 8, 2023
The Buck affidavit in support of this warrant indicated SPD was investigating a charge of video voyeurism against Ziegler
The affidavit contained substantially the same facts as the phone and Google warrants. The Meta/Instagram warrant did reference the November 2nd meeting at Attorney Byrd’s office.
The affiant then affirmed that she had reason to believe that evidence of the crime would be found within Mr. Ziegler’s Instagram account and that Mr. Ziegler utilized the program to commit the crime of video voyeurism.
The affiant further asserted that “valuable evidence will be located within the suspect’s account which will provide additional information about his criminal activity.”
Again, Detective Cox testified at trial that, in her opinion, the Meta/Instagram warrant failed to produce any evidence relevant to SPD’s investigation.
The Court finds that the Meta/Instagram warrant’s “seizure” of Mr. Ziegler’s entire account history since its inception to be used as “evidence” again fails to provide either the necessary particularity or establish a nexus between the entire contents of this account to the crime being investigated.
The only specific mention of Instagram linking this service to the crime is the affidavit’s mention that Mr. Ziegler used it to communicate with Ms. Doe on and after October 2, 2023 and Mr. Byrd’s comment that there was a vanishing message from Ms. Doe asking Mr. Ziegler if he showed the video to his wife.
Even when construing the warrant application as a whole, the Court finds these references fail to provide the warrant with sufficient particularity to seize the entire contents of his account from its inception.
Thus, even though no relevant evidence was located upon SPD’s review of the seized information, the ESI seized by SPD was pursuant to a constitutionally invalid warrant and in violation of Mr. Ziegler’s constitutionally protected rights.
The third affidavit that also violated Ziegler’s constitution rights was filed by SPD detective Megan Buck on 12/8/23 concerning Ziegler’s Meta/Instagram account. The affidavit in support of this warrant indicated SPD was investigating a charge of video voyeurism against Ziegler
The affidavit contained substantially the same facts as the Iphone and Google warrants. The Meta/Instagram warrant did reference to a 11/2/23 meeting at Ziegler’s attorney Derick Byrd’s office.
Bock affirmed that she had reason to believe that evidence of the crime would be found within Mr. Ziegler’s Instagram account and that Mr. Ziegler utilized the program to commit the crime of video voyeurism.
The affiant further asserted that “valuable evidence will be located within the suspect’s account which will provide additional information about his criminal activity.”
Despite that assertion, Detective Cox testified at trial that, in her opinion, the Meta/Instagram warrant failed to produce any evidence relevant to SPD’s investigation.
Judge Carroll stated in his 7/1/24 decision that, “The Court finds that the Meta/Instagram warrant’s “seizure” of Mr. Ziegler’s entire account history since its inception to be used as “evidence” again fails to provide either the necessary particularity or establish a nexus between the entire contents of this account to the crime being investigated.
Carroll continues stating, “Thus upon SPD’s review of the seized information, the ESI seized by SPD was pursuant to a constitutionally invalid warrant and in violation of Mr. Ziegler’s constitutionally protected rights. Law enforcement’s actions with respect to these three warrants were patently erroneous and constitutionally intolerable."
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