Smallwood v. State
61 So. 3d 448
Fla. Dist. Ct. App.2011Background
- Smallwood convicted of armed robbery with a firearm possession and felon in possession; police seized his cell phone upon arrest and searched it without a warrant or additional justification; photos found on the phone were admitted at trial and linked to the robbery; robbery victim identified Smallwood in the photos and noted matching money and gun; the trial court admitted the photos and denied suppression; the Florida district court held the search permissible and the appellate court affirmed while certifying a broad public-importance question about cell-phone searches; the court analyzed Chimel, Robinson, Belton, and Gant and ultimately concluded the Fourth Amendment permits such a search under Robinson, while noting serious privacy concerns and proposing the certified question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson allows search of photos on a cell phone incident to arrest without extra justification | Smallwood argues the search is unlawful; limited privacy expectations in cell phones. | State relies on Robinson and Belton to permit a search of items on the arrestee's person. | Yes; search valid under Robinson. |
| Whether a cell phone is a traditional container requiring different treatment | Smallwood asserts cell phones are not containers and deserve heightened protection. | State contends containers rule applies; cell phone falls within permissible search. | Container status irrelevant; Robinson permits search of items on arrestee's person. |
| Whether to certify a question to the public for guidance on cell-phone searches | N/A or supportive of requiring warrants where no evidence of crime is believed on the phone. | N/A; court should clarify the standard. | Court certified a question of great public importance regarding whether Robinson allows a police officer to search photos on a cell phone without belief of crime. |
Key Cases Cited
- Chimel v. California, 395 U.S. 752 (1969) (establishes search-incident-to-arrest scope for officer safety and evidence preservation)
- United States v. Robinson, 414 U.S. 218 (1973) (full search of person incident to lawful arrest; not dependent on probability of finding evidence)
- New York v. Belton, 453 U.S. 454 (1981) (search of passenger compartment of vehicle; containers therein may be searched)
- Arizona v. Gant, 556 U.S. 335 (2009) (limits Belton for vehicle searches; requires reasonable belief evidence may be found in vehicle)
- Jenkins v. State, 978 So.2d 116 (Fla.2008) (reasonableness balancing in search incident to arrest; context for Florida standard)
- California v. Diaz, 51 Cal.4th 84 (2011) (cell phone search 90 minutes after arrest; cell phones as personal property; reasonableness of timing)
- Finley v. United States, 477 F.3d 250 (5th Cir. 2007) (cell-phone data search incident to arrest upheld; data preservation concerns noted)
- Murphy v. United States, 552 F.3d 405 (4th Cir. 2009) (cell phones as searchable containers incident to arrest; data preservation concerns)
- Hawkins v. State, 704 S.E.2d 886 (Ga. Ct. App. 2010) (cell phones as containers; search scope within car context; privacy concerns)