Supreme Court of Florida

Cedric Tyrone Smallwood v. State of Florida

May 2, 201338 Fla. L. Weekly Supp. 271

Summary

Justice Canady dissents, arguing that a search of a cell phone found on an arrestee’s person is permissible as a search incident to arrest under United States v. Robinson and should not be limited by Arizona v. Gant. He would answer the certified question affirmatively and approve the First District Court’s decision.