KY: Search incident of a cell phone between Riley cert grant and decision was unreasonable; no binding authority in state, so no GFE

Defendant’s cell phone was subjected to a search incident for it’s data between the cert grant in Riley and the decision. Riley was a new rule and retroactive. There was no binding authority in Kentucky at the time, so the Davis good faith exception does not apply. Kamphaus v. Commonwealth, 2017 Ky. App. LEXIS 493 (Sept. 8, 2017).

Defendant stopped his car a car length into an intersection, albeit one without a crosswalk. His argument that this was a mistake of law is rejected. He clearly violated the statute. State v. Johnson, 2017-Ohio-7515, 2017 Ohio App. LEXIS 3828 (2d Dist. Sept. 8, 2017).*