Searching Cellphones

Searching Cellphones

Robert C. Phillips
Deputy District Attorney, Retired
June, 2014

            Barely three years ago, the California Supreme Court held in People v. Diaz (2011) 51 Cal.4th 84, that a cellphone recovered from the person of an arrestee is subject to search just like with any other container.  No search warrant is needed. 

            Well, Diaz is history.  Erase it from your mind.  The United States Supreme Court intervened and, resolving conflicting opinions on this issue from throughout the country,  ruled to the contrary in two combined cases under the single title of Riley v. California (June 25, 2014) 2014 U.S. LEXIS 4497.

               California’s contribution stemmed from an incident occurring in San Diego itself.  David Riley was arrested when two concealed firearms were recovered from his car during an inventory search.  When Riley was searched incident to arrest, a “smart phone” was seized from his person.  This ....