State v. Glasco

The issue presented in this appeal is whether the trial court erred in suppressing certain text messages discovered on the defendant’s cell phone by the arresting officer incident to the defendant’s arrest. The State argues that the officer had the right to look at the contents of the defendant’s cell phone as a search incident to the defendant’s lawful arrest without first obtaining a search warrant authorizing a search of the cell phone. We agree and reverse.

The facts are not in dispute. The defendant, Ricardo Glaseo, was arrested for possession of cocaine with intent to sell or deliver,…