Florida Supreme Court: cops can’t search cell phone without a warrant

Today, the Florida Supreme held that while law enforcement officers properly separated and assumed possession of a cell phone from a defendant’s person during the search incident to arrest, a warrant was required before the information, data, and content of the cell phone could be accessed and searched by law enforcement.

Smallwood v. State, 38 Fla. L. Weekly S271a (Fla. May 2, 2012)

Author: Joe Bodiford

Tallahassee criminal defense attorney. Florida Bar Board Certified Criminal Trial Lawyer, Nationally Board Certified in Criminal Trial Advocacy, and AV* rated by Martindale-Hubbell. Former adjunct professor of law and co-director of the Trial Team at Florida State University College of Law; former adjunct professor of law at Stetson University College of Law (Florida criminal procedure, Trial Advocacy). Curator of Advocacy Underground. Practicing in the area of State and Federal Criminal Trial and Appeals. Visit us at www.BodifordLaw.com!

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