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Criminal

Jan. 15, 2011

Conducting Warranted Searches Without a Warrant

Police may now search cell phone data without a warrant or probable cause. By Gregory Ward and Tyler Atkinson of McManis Faulkner.


By Gregory Ward and Tyler Atkinson


Why is a cell phone like a cigarette package?


The Mad Hatter couldn't have asked a more perplexing riddle - but the California Supreme Court has offered its answer. In People v. Diaz (Jan. 3, 2011, No. S166600) 2011 DJDAR 109, the state Supreme Court recently ruled that data on a cell phone found on an arrestee's person, like a cigarette package found on the person, may be searched without a warrant and...

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