Legal Opinion
People v. Diaz
California Supreme Court
Decided January 3, 2011No. S166600PublishedCited by 47 opinions
1Opinion of the Court
Opinion
CHIN, J.
We granted review in this case to decide whether the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest. We hold that, under the United States Supreme Court’s binding precedent, such a search is valid as being incident to a lawful custodial arrest. We affirm the Court of Appeal’s judgment.
Factual Background
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2Cases cited16 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- United States v. RossSupreme Court of the United States · 1982
- United States v. RobinsonSupreme Court of the United States · 1973
- New York v. BeltonSupreme Court of the United States · 1981
- United States v. ChadwickSupreme Court of the United States · 1977
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3Cited by47 opinions
- Riley v. Cal. United StatesSupreme Court of the United States · 2014
- State of Texas v. Granville, AnthonyCourt of Criminal Appeals of Texas · 2014
- United States v. WurieCourt of Appeals for the First Circuit · 2013
- United States v. Paulo LaraCourt of Appeals for the Ninth Circuit · 2016
- People v. EvansCalifornia Court of Appeal · 2011
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