State of Florida v. Christopher L. Carpenter

The State of Florida appeals the trial court’s order granting Christopher Carpenter’s motion to suppress evidence found during a warrantless search of his cell phone at the time of his arrest. The trial court concluded, relying on Smallwood v. State, 113 So.3d 724 (Fla.2013) (Smallwood II), that law enforcement was required to obtain a search warrant before searching the data and contents of Carpenter’s cell phone. However, at the time of the search, Smallwood v. State, 61 So.3d 448 (Fla. 1st DCA 2011) (Smallwood I), was binding appellate precedent and expressly permitted the warrantless…