can reveal the location where a photograph was taken. Although the use of such smartphones is now pervasive, the law is unsettled as to whether the data in an arrestee’s smart-phone may be searched, in whole or in part, incident to arrest. To date, neither, the Supreme Court nor the Sixth Circuit Court of Appeals (“Sixth Circuit”) has addressed whether a warrantless search incident to arrest of the data contained in the memory of a smartphone found on an ar-restee’s person violates the Fourth Amendment. On the one hand, a significant majority of the circuit courts of appeals to reach this issue have concluded that at least some search of the data on a cell phone found on an arrestee’s person is permissible. See, e.g., United States v. Rodriguez, 702 F.3d 206, 209-10 (5th Cir.2012) (<HOLDING>); United States v. Flores-Lopez, 670 F.3d 803,
holding a warrantless search of cell phone contents did not exceed permissible scope of search incident to arrest holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone holding that while search incident to arrest could not justify search in that case probable cause plus exigency justified search holding that while law enforcement officers properly separated and assumed possession of a cell phone from arrestees person during the search incident to arrest a warrant was required before the information data and content of the cell phone could be accessed and searched by law enforcement holding that the permissible scope of a search incident to arrest includes the contents of a cell phone found on the arrestees person