California Court of Appeal

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People v. Diaz, B203034

Conviction pursuant to defendant's guilty plea to transportation of a controlled substance is affirmed over a claim of erroneous denial of a motion to suppress evidence of an incriminating text message retrieved from his cell phone, which was searched by the arresting officer approximately 90 minutes after his arrest, where the cell phone was immediately associated with defendant's person at the time of his arrest, and was therefore properly subjected to a delayed warrantless search.

Appellate Information

  • Decided 07/30/2008
  • Published 07/30/2008

Judges

  • PERREN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Lyn A. Woodward, under appointment by the Court of Appeal, Pacific Grove, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Victoria B. Wilson, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
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