Issues
Following state precedent, the search incident of a cell phone without any reason to believe it contains evidence of a crime is sustained. The issue is certified to the Florida Supreme Court. State v. Glasco, 2012 Fla. App. LEXIS 9717 (Fla. 5th DCA June 15, 2012):
Pursuant to Fawdry [v. State, 70 So. 3d 626 (Fla. 1st DCA 2011)] and Smallwood [v. State, 61 So. 3d 448 (Fla. 1st DCA), review granted, 68 So. 3d 235 (Fla. 2011)], we reverse the order granting the motion to suppress and remand this case to the trial court for further proceedings. We certify to the Florida Supreme Court a question of great public importance similar to the questions certified in Fawdry and Smallwood:
DOES THE HOLDING IN UNITED STATES v. ROBINSON, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973), ALLOW A POLICE OFFICER TO SEARCH THROUGH INFORMATION CONTAINED WITHIN A CELL PHONE THAT IS ON AN ARRESTEE'S PERSON AT THE TIME OF A VALID ARREST?
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