Spence v. State
Annotate this CasePetitioner was convicted of possession with intent to distribute marijuana, possession of marijuana, and possession of drug paraphernalia. Petitioner appealed the denial of his motion to suppress text messages that the police obtained during the warrantless search of his cell phone incident to his lawful arrest. The Court of Appeals affirmed, holding that the trial court properly denied Petitioner’s motion to suppress the data obtained from his cell phone, as (1) in light of the U.S. Supreme Court’s decision in Riley v. California, officers must generally secure a warrant before conducting searches of data on cell phones; but (2) the police in this case acted in good faith on then-controlling authority in Maryland in searching Petitioner’s cell phone, and therefore, Petitioner was not entitled to suppression of the data obtained from his cell phone.
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