Monday, January 17, 2011

Cell phone may be searched incident to arrest

This just in: "California holds that a cell phone text message folder can be seized incident to arrest, 90 minutes into the arrest finding “binding Supreme Court authority,” albeit cases from the '70's before cell phones were even imagined. The police arrested the defendant after listening to an ecstacy sale on a wire. The cell phone was removed from his person. At the police station, the officer manipulated the phone to find the text message folder which had incriminating messages. People v. Diaz, 51 Cal. 4th 84 (January 3, 2011).

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