The Florida Supreme Court has kicked back a Brevard County case to a lower court in light of its decision last year that a warrantless police search of an arrested person’s mobile phone is unconstitutional.
The court issued its opinion Thursday.
Ricardo Glasco had previously contested a decision to allow evidence found without a search warrant on his cellular phone.
The state Supreme Court had ruled that police must get a warrant before looking through and taking any “information, data, and content” on a cell phone.
Glasco was arrested in 2011 on various drug charges, records show.
After being handcuffed and taken into custody, police found text messages on his cell phone revealing that Glasco had cocaine he intended to sell.
With its decision Thursday, the high court returned the case to the Fifth District Court of Appeal for reconsideration.