California Court of Appeal

Order denying defendant's motion to suppress evidence is affirmed, where: 1) police officers searched defendant's cell phone incident to a stop for a minor traffic violation; 2) while this case was on appeal, SCOTUS overruled People v. Diaz, holding that absent an emergency, law enforcement must secure a warrant before searching the digital content of a cell phone incident to an arrest; and 3) because Diaz was applicable at the time of the search, the officers' search of the cell phone was in good faith and failure to exclude the cell phone evidence was therefore not reversible error.

Appellate Information

• Decided 09/03/2014
• Published 09/03/2014

Judges

• Mosk

Court

• California Court of Appeal

Counsel