In what circumstances will a court allow a police officer to search a phone's text messages and settings without consent?

California, United States of America


The following excerpt is from People v. Hergott, G058887 (Cal. App. 2020):

Further, the officer's unchallenged testimony was that he only searched the phone's text messages and settings to access information about the identity of its owner. (See Pen. Code, 1546.1, subd. (c)(7), italics added ["government entity may access electronic device information by means of physical interaction . . . with the device . . . [] ... [] [i]f the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner . . . of the device"]; see also Illinois v. Krull (1987) 480 U.S. 340, 360-361, fn. 17 ["a good-faith exception [exists] when officers reasonably rely on statutes and act within the scope of those statutes"].)

I agree defendant's statements were properly admitted; thus, I would not reach the issue of harmless error.

In all other respects, I concur with the majority.

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