Mr. Smallwood was convicted of armed robbery and possession of a firearm by a convicted felon and sentenced to 65 years in prison. He argued his Fourth Amendment protection against unreasonable searches and seizures was violated when the police searched the photos on his cell phone without a warrant. His motion to suppress was denied at trial. Later, the First District Court of Appeal upheld the search of the cell phone, but certified the question as one of great public importance for this Court's review.

Duval County