PEOPLE v. DIAZ

No. B203034.

165 Cal.App.4th 732 (2008)

THE PEOPLE, Plaintiff and Respondent, v. GREGORY DIAZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

July 30, 2008.


Attorney(s) appearing for the Case

Lyn A. Woodward, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., and Victoria B. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

PERREN, J.

A cell phone is seized from the person of an arrestee approximately one hour after he is transported to the police station. About 30 minutes later, while the arrestee is being interrogated, the arresting officer accesses the phone's text message folder and retrieves an incriminating message. We hold the officer's actions are lawful under the Fourth Amendment of the United States Constitution as a valid search incident to arrest.

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