Does a search warrant need to be obtained to search a cell phone belonging to a defendant?

California, United States of America


The following excerpt is from People v. Mendoza, C080686 (Cal. App. 2017):

Defendant contends that the officers' search of the digital content of his cell phone violated the Fourth Amendment because his probation search condition did not expressly state that his cell phone was subject to a suspicionless search. Defendant argues that the term "belongings" in his search condition is far too ambiguous to encompass a warrantless search of a cell phone and the vast amount of data it contains, and there is no reason not to apply the warrant requirement established in Riley v. California (2014) ___ U.S. ___ [189 L.Ed.2d 430] (Riley).)2

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