SeeRiley v. California , 573 U.S. 373, 395, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014) ("[M]any of the more than 90% of American adults who own a cell phone keep on their person a digital record of nearly every aspect of their lives ....").See 18 U.S.C.S. § 2703 (LEXIS through Pub. L. No. 116-39) (authorizing certain disclosures of wire or electronic communications information without a warrant); see alsoState v. Pagnani , 2018 ME 129, ¶ 19, 193 A.3d 823 (holding that exceptions to the warrant requirement apply to cell phone information).See, e.g. , State v. Journet , 2018 ME 114, ¶ 4, 191 A.3d 1181 ; State v. Lopez , 2018 ME 59, ¶ 8, 184 A.3d 880 ; State v. Lemay , 2012 ME 86, ¶ 7, 46 A.3d 1113.

" State v. Pagnani, 2018 ME 129, P15, 193 A.3d 823, 827. The Supreme Court determined in Arizona v. Gant that a search of an automobile is permissible if the government shows that it is "reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle."

The exception to the requirement for a warrant for search incident to arrest does not apply here. State v. Pagnani, 2018 ME 129, ¶¶ 20-22, 193 A.3d 823.

With these conditions satisfied, "incident to a lawful arrest, police may, without a warrant, search an arrestee's person and items immediately associated with the person, and seize weapons, items of contraband, or evidence of a crime found in the search. State v. Pagnani, 2018 ME 129, ¶ 19, 193 A.3d 823 (citing Riley v. California, 573 U.S. 373, 381-86 (2014)). Regarding the scope of the search, officers can search the area within the arrestee's "immediate physical control," which has been interpreted by the Law Court as the area within the arrestee's "conceivable control."

This case is somewhat factually different from typical jacket search cases, in that McLeod was not wearing the jacket when patted -down, and the jacket was not initially within his reach. (See State v. Storey, 1998 ME 161 (pat-down of pockets following a traffic stop); State v. LeBlanc, 347 A.2d 590 (Me. 1975) (search of jacket after having probable cause to arrest); and State v. Pagnani, 2018 ME 129 (search of jacket worn at time defendant was advised she was under arrest)). When initially waiting for the canine arrive, the jacket was well separated from McLeod, sitting inside the car, while McLeod stood outside the vehicles with Tr. Watson, When McLeod first stated he was cold, Tr. Watson offered McLeod to sit in his cruiser.

At the time of a suspect's arrest, an officer may make a warrantless search of the "personal property immediately associated with the person of the arrestee." State v. Pagnani, 2018 ME 129, ¶ 19, n. 4, quoting United States v. Chadwick, 433 U.S. 1. That extends "to the area within his immediate control."