Does a search of a Defendant's cell phone after an arrest constitute an authorization to search digital data in an arrestee's phone?
California, United States of America
The following excerpt is from People v. Fowler, F070741 (Cal. App. 2016):
2. We note that a search incident to an arrest does not constitute authorization to search digital data in an arrestee's cell phone. (Riley v. California (2014) 573 U.S. ___ [134 S.Ct. 2473, 2493-2494].) Defendant did not raise this issue below, and there was additional evidence, independent of the text messages, which provided a factual basis for the plea.
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