1DCA: Applies Good Faith Exception to Search of Cell Phone

“The State of Florida appeals the trial court’s order granting Christopher Carpenter’s motion to suppress evidence found during a warrantless search of his cell phone at the time of his arrest. The trial court concluded, relying on Smallwood v. State, 113 So.3d 724 (Fla. 2013) (Smallwood II), that law enforcement was required to obtain a search warrant before searching the data and contents of Carpenter’s cell phone. However, at the time of the search, Smallwood v. State, 61 So. 3d 448 (Fla. 1st DCA 2011) (Smallwood I), was binding appellate precedent and expressly permitted the warrantless search of a cell phone incident to arrest. Because the search of Carpenter’s cell phone was conducted in objectively reasonable reliance on binding appellate precedent, it falls under the good-faith exception to the exclusionary rule.”

State v. Carpenter, 1D13-6199 (Fla. 1st DCA Feb. 5, 2015)

https://edca.1dca.org/DCADocs/2013/6199/136199_DC13_02052015_080938_i.pdf

Bay Judge Fensom

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