CO: Pre-Riley cell phone search incident not saved by GFE because no prior case on point

Defendant’s cell phone was subjected to a pre-Riley search incident. Defendant preserved the issue, and now he prevails. The state’s reliance on Davis good faith exception fails because the case the state relies on to support good faith reliance on prior authority isn’t on point. People v. Folsom, 2017 COA 146, 2017 Colo. App. LEXIS 1542 (Nov. 30, 2017), on rehearing 2017 COA 146M, 2017 Colo. App. LEXIS 1683 (Nov. 30, 2017).

Defendant’s motion to suppress was not submitted with an affidavit of his standing, and it is denied for that reason alone. On the merits, it’s denied because the probable cause is contained in an indictment. United States v. Johnson, 2017 U.S. Dist. LEXIS 195411 (W.D. N.Y. Nov. 3, 2017).