Whether the abandonment exception to the Fourth Amendment's warrant requirement allows the Government to conduct warrantless searches of the digital data on an abandoned cell phone

QUESTION PRESENTED Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did not violate the Fourth Amendment because appellant “abandoned” the phone. The question presented is whether, consistent with Riley v. California, 573 U.S. 373 (2014), the abandonment exception to the Fourth Amendment’s warrant requirement allows the Government to conduct warrantless searches of the digital data on an abandoned cell phone. il RULE 14.1(b)Gii) STATEMENT The following proceedings are related to the case in this Court: Commonwealth v. Futrell, Nos. CR19-110-00 through -07 (Hampton City, Va. Cir. Ct.). Futrell v. Commonwealth, No. 0470-20-1 (Va. Ct. App.). Futrell v. Commonwealth, No. 210731 (Va. Sup. Ct.).