RICARDO HERMON GLASCO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court quashed the appellate court's decision and remanded for reconsideration in light of the Supreme Court's decision in Smallwood v. State.
The appellate court reversed a trial court's order suppressing evidence found on a cell phone seized during an arrest, relying on precedent that was l…
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We have for review State v. Glaseo, 90 So.3d 905 (Fla. 5th DCA 2012), in which the Fifth District Court of Appeal reversed the trial court’s order granting a motion to suppress evidence found on a cellular phone without a search warrant. The Fifth District, in following the First District Court of Appeal and relying on Smallwood v. State, 61 So.3d 448 (Fla. 1st DCA 2011), quashed, 113 So.3d 724 (Fla. 2013), certified the following question as one of great public importance:
DOES THE HOLDING IN UNITED STATES V. ROBINSON, [414 U.S. 218, 94 S.Ct. 467 38 L.Ed.2d 427 (1973)], ALLOW A POLICE OFFICER TO SEARCH THROUGH INFORMATION CONTAINED WITHIN A CELL PHONE THAT IS ON AN ARRES-TEE’S PERSON AT THE TIME OF A VALID ARREST?
Glaseo, 90 So.3d at 908-09. At the time that the Fifth District issued its decision in Glaseo, Smallwood was pending in this Court. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending the disposition of Smallwood v. State, 113 So.3d 724, 741 (Fla.2013), in which we ultimately quashed the First District’s underlying Smallwood decision. We then issued an order directing Respondent to show cause why this Court should not accept jurisdiction, summarily quash the Fifth District’s decision in Glaseo, and remand for reconsideration in light of our decision in Smallwood. Respondent filed a response conceding that “this case should be remanded for reconsideration in light of this Court’s recent decision in *1015 Smallwood, v. State.” Petitioner did not file a reply.
Upon consideration of the response, we grant the petition for review, quash the Fifth District’s decision in Glaseo, and remand this case to the Fifth District for further proceedings consistent with this Court’s decision in Smallwood.
It is so ordered.
POLSTON, C.J., and PARIENTE, QUINCE CANADY, LABARGA, and PERRY, JJ., concur.
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Citator
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Burton v. State, 191 So. 3d 543 (Fla. 5th DCA 2016)…nt before searching a suspect’s cell phone incident to an otherwise lawful arrest. The training bulletin was based on this Court’s decision in State v. Glasco (Glaseo I), 90 So. 3d 905, 908 (Fla. 5th DCA 2012) quashed by Glasco v. State (Glasco II), 137 So. 3d 1014, 1015 (Fla.2014), which permitted such searches. Glasco I, 90 So. 3d at 908. The issue, then, is whether reliance by the police on Glaseo I constituted “objectively reasonable reliance on binding appellate precedent.” As the Second District Court o…
Authorities Cited
- United States v. Robinson, 414 U.S. 218 (U.S. 1973)
- Smallwood v. State, 113 So. 3d 724 (Fla. 2013)
- Smallwood v. State, 61 So. 3d 448 (Fla. 1st DCA 2011)
- State v. Glasco, 90 So. 3d 905 (Fla. 5th DCA 2012)