State v. Smith

{¶ 1} In this appeal concerning the scope of federal protection against unreasonable searches and seizures, we are asked to determine whether the Fourth Amendment to the United States Constitution prohibits the warrantless search of data within a cell phone when the phone is lawfully seized incident to an arrest. Given the particular facts of this case, we hold that the trial court improperly admitted the call record and phone numbers from appellant’s phone. We therefore reverse and remand to the trial court for a new trial.

I. Case Background

{¶ 2} On January 21, 2007, Wendy Thomas Northern…