People v. Macabeo

Opinion

CORRIGAN, J.

In People v. Diaz (2011) 51 Cal.4th 84 [119 Cal.Rptr.3d 105, 244 P.3d 501] (Diaz), we held that, incident to a custodial arrest, police may search through data on a defendant’s cellular phone without obtaining a warrant. The United States Supreme Court subsequently held to the contrary in Riley v. California (2014) 573 U.S._ [189 L.Ed.2d 430, 134 S.Ct. 2473] (Riley). We conclude the warrantless search of defendant Paul Macabeo’s phone would not have been proper even under our decision in Diaz, and a reasonably well-trained officer would have so known. Under these…