Ricardo Hermon Glasco v. State of Florida

Supreme Court of Florida

Ricardo Hermon Glasco v. State of Florida

137 So. 3d 1014, 39 Fla. L. Weekly Supp. 273, 2014 WL 1622186, 2014 Fla. LEXIS 1385

CourtSupreme Court of Florida

DecidedApril 24, 2014

DocketSC12-1292

StatusPublished

Cited by2 cases

This text of 137 So. 3d 1014 (Ricardo Hermon Glasco v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ricardo Hermon Glasco v. State of Florida, 137 So. 3d 1014, 39 Fla. L. Weekly Supp. 273, 2014 WL 1622186, 2014 Fla. LEXIS 1385 (Fla. 2014).

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Opinion

LEWIS, J.

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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LEWIS, J.

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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137 So. 3d 1014, 39 Fla. L. Weekly Supp. 273, 2014 WL 1622186, 2014 Fla. LEXIS 1385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricardo-hermon-glasco-v-state-of-florida-fla-2014.

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