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SAINT-HILAIRE v. STATE

No. 3D12-1730.

143 So.3d 1147 (2014)

Viervens SAINT-HILAIRE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 6, 2014.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Kathryn J. Strobach , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Michael W. Mervine , Assistant Attorney General, for appellee.

Before ROTHENBERG, FERNANDEZ and LOGUE, JJ.

FERNANDEZ, J.

Viervens Saint-Hilaire appeals the denial of his motion to suppress, which was based on a search of the contents of his cell phone during a warrantless search incident to a lawful arrest. We reverse and conclude that the search of the cell phone was improper, and the inevitable discovery doctrine is inapplicable.

During a routine traffic stop of Saint-Hilaire's vehicle, an officer discovered that Saint...

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