Search of Text Message Folders of Cell Phones
The California Supreme Court recently ruled that police may search the text message folders of cell phones taken from suspects following the suspect's arrest. The case of People v Diaz involved a drug arrest, seizure of the cell phone and search through the person's test message 90 minutes after the person had been arrested and transported to the jail. The court found that the search of the text messages was valid under the search incident to a lawful arrest exception to the warrant requirement. The court determined that the person's cell phone was personal property immediately associated with the person's person.
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