Private Information Stored On Electronic Devices Subject To Search By Law Enforcement If Arrested In California

Police officers are free to review private and confidential information stored on your cell phone if the search is incident to an arrest in California. The Supreme Court of California recently upheld the warrantless search of a cell phone text message folder in People v. Diaz, 51 Cal. 4th 84 (2011).The decision places no restraints on the type or amount of data police officers may access when searching an arrestee’s cell phone.

Defendant Gregory Diaz allegedly purchased Ecstasy from a police informant. Police officers arrested Diaz, seized his cell phone from his pocket, and transported him to the sheriff’s station. Ninety minutes later, a police officer searched Diaz’s cell phone text message folder and found an incriminating message. The officer showed Diaz the message and Diaz admitted to the alleged sale of Ecstasy. Diaz later argued that the search of his phone’s text messages folder constituted an unlawful warrantless search.

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