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PEOPLE v. DIAZ

No. S166600.

51 Cal.4th 84 (2011)

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

Supreme Court of California.

January 3, 2011.

Attorney(s) appearing for the Case

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

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

OPINION

CHIN, J.—

We granted review in this case to decide whether the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest. We hold that, under the United States Supreme Court's binding...

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