Tag Archives: Cell Phone Search

Search Incident to Arrest? Not for Cell Phones.

You may have heard yesterday that the Florida Supreme Court ruled a police search of a cell phone incident to arrest violates a person’s right to privacy and is therefore illegal.  In Smallwood vs. State (No. SC-11-1130), justices decided 5-2 to eliminate the practice. In reference to Smallwood vs State, Cedric Tyrone Smallwood was arrested by the Jacksonville Sheriff’s Office for a convenience store robbery.  Ofc. Ike Brown looked in Smallwood’s cell phone in a search incident to Smallwood’s arrest. Seeing possibly incriminating photographs of Smallwood with a handgun and what looked like the stolen money, packaged as described by the victim clerk, JSO investigators applied for and received a … Continue reading

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