Legal Opinion · Concurrence

STATE v. THOMAS

Court of Criminal Appeals of Oklahoma

Decided September 17, 2014No. S-2013-767Published

1Concurrence

LUMPKIN, Judge:

concurring in result.

T1 I eoncur in the Court's decision to affirm the District Court's order suppressing evidence obtained as a result of the search of Appellee's cellular phone but write separately to address the following.

12 The United States Supreme Court's opinion in Réley v. California, - U.S. -, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014), con trols this Court's determination of the present case. In Riley, the Supreme Court determined that an officer's warrantless search of data on a cell phone incident to arrest violated the Fourth Amendment to the United States…

2Cases cited16 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Herring v. United StatesSupreme Court of the United States · 2009
  4. Davis v. United StatesSupreme Court of the United States · 2011
  5. Riley v. Cal. United StatesSupreme Court of the United States · 2014

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