Spence v. State

Petitioner Dwayne Spence was convicted in the Circuit Court for Caroline County of possession with intent to distribute marijuana, possession of marijuana, and possession of drug paraphernalia. The principal issue we decide in this case is whether the court was required to deny Petitioner’s motion to suppress text messages that the police obtained during the search of his cell phone incident to his lawful arrest.

Petitioner appealed the judgment of conviction to the Court of Special Appeals and, while the case was pending in that court, filed a petition for writ of certiorari, which we…