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PEOPLE v. MACABEO

No. S221852.

1 Cal.5th 1206 (2016)

THE PEOPLE, Plaintiff and Respondent, v. PAUL MACABEO, Defendant and Appellant.

Supreme Court of California.

December 5, 2016.

Attorney(s) appearing for the Case

Bird & Bird, Karen Hunter Bird ; Samuelson Law, Technology & Public Policy Clinic, Catherine Crump and Charles D. Weisselberg for Defendant and Appellant.

Peter Bibring , Catherine Wagner , Michael T. Risher and David Blair-Loy for ACLU Foundation of Southern California, ACLU Foundation of Northern California and ACLU Foundation of San Diego and Imperial Counties as Amici Curiae on behalf of Defendant and Appellant.

Kamala D. Harris , Attorney General, Edward C. Dumont , State Solicitor General, Dane R. Gillette and Gerald A. Engler , Chief Assistant Attorneys General, Lance E. Winters , Assistant Attorney General, Steven T. Oetting , Deputy State Solicitor General, Michael R. Johnsen and Victoria B. Wilson , Deputy Attorneys General, for Plaintiff and Respondent.

California Appellate Law Group, Myron Moskovitz and Ben Feuer as Amici Curiae.

OPINION

In People v. Diaz (2011) 51 Cal.4th 84 [119 Cal.Rptr.3d 105, 244 P.3d 501] (Diaz), we held that, incident to a custodial arrest, police may search through data on a defendant...

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