United States First Circuit

Defendant's conviction on drug charges is vacated, the denial of his motion to suppress is reversed, and the case is remanded, where: 1) the search-incident-to-arrest exception does not authorize the warrantless search of data on a cell phone seized from an arrestee's person; and 2) the government has not argued that the search here was justified by exigent circumstances or any other exception to the warrant requirement.

Appellate Information

• Decided 05/17/2013
• Published 05/17/2013

Judges

• STAHL

Court

• United States First Circuit

Counsel