OH2: The SW for cell phone requirement of Ohio’s Smith doesn’t apply to abandoned ones

While a search warrant is required for a search of a cell phone in Ohio under State v. Smith, 124 Ohio St.3d 163, 2009 Ohio 6426, 920 N.E.2d 949 (2009), a warrant is not required if the cell phone is abandoned. State v. Moten, 2012 Ohio 6046, 2012 Ohio App. LEXIS 5204 (2d Dist. December 21, 2012).

A pre-Gant search that was valid under Belton but not Gant was still valid under Davis v. United States’s good faith exception. State v. Brown, 401 S.C. 82, 736 S.E.2d 263 (2012), revg State v. Brown, 389 S.C. 473, 698 S.E.2d 811 (Ct. App. 2010).