FL1 again rejects Ohio’s Smith on SI of a cell phone

FL1 again rejects Ohio’s Smith for the second time in two weeks and holds that a cell phone is a mere container subject to a search incident. It certifies the case to the Florida Supreme Court for further review. Fawdry v. State, 70 So. 3d 626 (Fla. App. 1st DCA 2011).*

A lawful traffic stop led to the officer smelling marijuana, and that justified a search of the car. State v. Whatley, 2011 Ohio 2297, 2011 Ohio App. LEXIS 1956 (5th Dist. May 9, 2011).*

The CI’s information was detailed and corroborated and provided probable cause. Moreover, the CI testified at the trial. People v. Allen, 409 Ill. App. 3d 1058 (2011).*