ROBERT BURTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The good-faith exception to the exclusionary rule does not apply when law enforcement is not relying on longstanding appellate precedent.
The case involves a motion to suppress evidence from a warrantless cell phone search incident to arrest. The Florida Supreme Court previously quashed …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Precedent cases and more on FLexlaw
In Burton v. State, No. SC16-1116, 2018 WL 798521 (Fla. Feb. 9, 2018), the Florida Supreme Court summarily quashed this Court's prior opinion in Burton v. State, 191 So.3d 543 (Fla. 5th DCA 2016), and remanded for reconsideration based on Carpenter v. State, 228 So.3d 535 (Fla. 2017). In Carpenter, the majority held that "the good-faith exception to the exclusionary rule does not apply" when law enforcement is "not relying on the type of longstanding, thirty-year appellate precedent" such as that at issue in Davis v. United States, 564 U.S. 229, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011). Carpenter, 228 So.3d at 542.
Upon consideration of Carpenter, the good-faith exception as articulated in Davis was inapplicable in the instant case. Therefore, Burton's motion to suppress evidence taken from the warrantless search of his cell phone incident to his arrest should have been granted. See id.
REVERSED AND REMANDED.
PALMER, J., concur.
BERGER, J., concurs specially, with opinion
BERGER, J., concurring specially
While I continue to believe the police acted in good faith when they searched Burton's cell phone without a warrant, I am constrained to concur based on the *489Florida Supreme Court's opinion in Carpenter v. State, 228 So.3d 535 (Fla. 2017).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davis v. United States, 564 U.S. 229 (U.S. 2011)
- Carpenter v. State, 228 So. 3d 535 (Fla. 2017)
- Burton v. State, 191 So. 3d 543 (Fla. 5th DCA 2016)
- Burton v. State (Fla. 5th DCA 2018)