California Supreme Court: Text messages subject to warrantless searches

• Published in: Lawyers USA
• Main Author: Murphy, Pat
• Format: Trade Publication Article
• Language: English
• Published: Boston BridgeTower Media Holding Company 04.01.2011
• ISSN: 1931-9584; 1937-2639

Monday, the California Supreme Court ruled that, because an alleged drug dealer's cell phone was "immediately associated" with his person, police were "'entitled to inspect' its contents without a warrant at the sheriff's station 90 minutes after [his] arrest, whether or not an exigency existed." The California Supreme Court explained that [Gregory Diaz]'s "cell phone 'was an item [of personal property] on [defendant's] person at the time of his arrest and during the administrative processing at the police station.' In this regard, it was like the clothing taken from the defendant in Edwards and the cigarette package taken from the defendant's coat pocket in Robinson..." (California v. Diaz) "Contrary to the dissent's assertion, the rationale of these decisions -- that a delayed search of an item of personal property found upon an arrestee's person no more imposes upon the arrestee's constitutionally protected privacy interest than does a search at the time and place of arrest -- fully applies to the delayed search of defendant's cell phone," Justice [Ming W. Chin] said.