P. v. Hurd CA1/3
After the trial court denied his motion to suppress, defendant and appellant Steven Morris Hurd entered his no contest plea to one count of engaging in oral copulation with a child who is 10 years old or younger. Hurd appeals the denial of his suppression motion. He claims the warrantless search of his cell phone incident to arrest violated his Fourth Amendment rights under the rule announced in Riley v. California (2014) __ U.S. __ [134 S.Ct. 2473] (Riley), and all evidence obtained as a result of the search must be suppressed. There is no dispute that the warrantless search of Hurd’s cell phone was unconstitutional under Riley, but we conclude the police’s search conformed with binding appellate precedent when the search occurred in 2009. Thus, the good-faith exception to the exclusionary rule applies, and the evidence need not be suppressed. We affirm.
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