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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

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.


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

Published: December 20th, 2017

Category: Uncategorized

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