California Supreme Court upholds Warrantless Search of Cell Phone Incident to Lawful Arrest

The People vs. Gregory Diaz - police arrested drug dealer after witnessing the drug sales through an informant's wire tap. While arresting defendant, police seized drugs and a cell phone from him. Defendant denied any participation but after police showed him a text message about the drug sale he admitted. Defendant later moved to suppress evidence under the 4th Amendment. Held: police may conduct a custodial search of defendant incident to lawful arrest, including a search of text messages on his cell phone.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.