FL5: Pre-Riley cell phone search incident valid under Davis GFE

Pre-Riley cell phone search incident: “We agree that the initial search violated Burton’s Fourth Amendment rights but nevertheless affirm the denial of his motion to suppress evidence based on the exception to the exclusionary rule articulated by the United States Supreme Court in Davis v. United States, 564 U.S. 229, 231-32 (2011).” Burton v. State, 2016 Fla. App. LEXIS 7714 (Fla. 5th DCA May 20, 2016).

Defendant’s probation search was based on reasonable suspicion and wasn’t arbitrary. His probation officer reasonably suspected he was a regular marijuana user based on his own admissions, and the PO requested police do the search, which turned up marijuana. Whitfield v. State, 2016 Ga. App. LEXIS 286 (May 19, 2016).*