Home » Law and Legal Articles » California Court Permits Warrantless Search of Cell Phone
California Court Permits Warrantless Search of Cell Phone
The California Supreme Court recently held that police are entitled to a warrantless search of a cell phone after an arrest.
February 02, 2012 /Law and Legal PR News/ -- California Court Permits Warrantless Search of Cell Phone
In 2007, Gregory Diaz was arrested after participating in the sale of Ecstasy to an undercover officer. Diaz drove the vehicle to where the transaction occurred and was arrested by officers with the Ventura County Sheriff's Department immediately after the transaction.
After his arrest, Diaz was taken to the sheriff's station for questioning, where he denied any knowledge of the sale. When the interview concluded, over 90 minutes after the arrest, an officer reviewed text messages on Diaz's cell phone finding coded messages that confirmed Diaz's involvement.
When Diaz was confronted with this information, he admitted his role in the sale. He pleaded not guilty in the trial court and moved to suppress the evidence obtained from the cell phone and his subsequent confession. The trial court denied the motion to suppress and the Court of Appeals affirmed.
State Supreme Court Review
The California Supreme Court granted review of the case to determine whether the warrantless search violated Diaz's Fourth Amendment rights. In a 5-2 decision, the Supreme Court upheld the Court of Appeals ruling.
One of the main questions the Supreme Court examined was whether the phone was "immediately associated with the defendant's person." The Court held that because the cell phone was with the defendant at the time of his arrest, law enforcement was entitled to search the phone and its contents as a search incident to the defendant's lawful arrest.
The two dissenting justices argued that once the defendant was arrested and his phone seized by law enforcement, the data could not be deleted and no exigent circumstances existed. In those situations, officers could easily obtain a warrant.
Other jurisdictions, most recently Ohio, have agreed with the dissent. In a CBS report, California Attorney General Victoria Wilson said this split among jurisdictions could eventually lead the United States Supreme Court to review similar cases.
Diaz changed his plea to guilty and received three years probation for his role in the sale.
Speaking With an Attorney
As this case demonstrates, the police have increasingly broad powers and it is important to have someone who can protect your rights if have been arrested or accused of a crime. If you are facing any type of drug possession, trafficking or criminal charges, consider speaking with an experienced criminal defense attorney.
Article provided by Law Offices of Paul E. Antill
Visit us at www.scalduiattorney.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
FL Web Advantage
|
|
|
|
|
| LAW AND LEGAL ARCHIVE SEARCH |
|
|
| |
| SUBMIT LAW AND LEGAL NEWS |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us