Smallwood v. State
Smallwood v. State
| Case Date: | 05/02/2013 |
| Citation: | Smallwood v. State, 113 So. 3d 724 (Fla. 2013) |
| Court Type: | Florida State Court |
| Court: | Florida Supreme Court (Fla.) |
| Judge: | Justice: R. Fred Lewis |
| Rule(s): | 4th Amendment |
| Issues: | The case involved a warrantless search of a cell phone incident to an arrest. The lower court certified the question of whether a police officer was allowed to search through photographs on a cell phone following a valid arrest, even if there was no reasonable belief the cell phone contained any evidence. |
| Resolution: | The Court determined that it was not allowed. A warrant is required to access and search cell phones. |
| Relevant Documents: | |
| E-Discovery Issues: | Admissibility, Motion to Suppress |
| E-discovery Tags: | Preservation and Collection, Sources of ESI |
| E-discovery subjects: | Cell phone |