California Supreme Court: Text Messages Subject to Warrantless Searches

Lawyers USAJanuary 11, 2011

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Summary


One of the heavy hitters has weighed in on the issue of whether police need a warrant to examine the text messages on an arrested suspect's cell phone.

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."

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Extract


California Supreme Court: Text Messages Subject to Warrantless Searches

The decision came in the case of Gregory Diaz. On April 25, 2007, Ventura County Deputy Sheriff Victor Fazio witnessed a police informant's controlled purchase of ...

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