Carpenter v. StateAnnotate this Case
The trial court granted Defendant’s motion to suppress evidence found on his cell phone by arresting officers pursuant to a search incident to arrest, relying on the holding in Smallwood v. State, 113 Wo. 3d 724 (Fla. 2013) that warrantless cell phone searches are unconstitutional. The First District Court of Appeal reversed, relying on Davis v. United States 564 U.S. 229 (2011) to conclude that because the officers relied in good faith on the holding in Smallwood v. State, 61 So. 3d 448 (Fla. 1st DCA 2011), the appellate precedent at the time of the search, the evidence was not subject to the exclusionary rule based on the good-faith exception. The Supreme Court disapproved the First District’s decision and held that the good-faith exception to the exclusionary rule did not apply to the officers’ warrantless search of Defendant’s cell phone because the officers were not relying on the type of longstanding, thirty-year appellate precedent at issue in Davis, but rather, on a non-final, pipeline case still under active review in the Supreme Court at the time of the search.