Supreme Court of California

In a case in which defendant was stopped and his phone was searched incident to arrest, yielding images of underage girls, the Court of Appeals' decision affirming the trial court's denial of defendant's motion to suppress the evidence is reversed where: 1) the warrantless search of defendant's phone would not have been proper even under this court's decision in People v. Diaz (2011) 51 Cal.4th 84, and a reasonably well-trained officer would have so known; and 2) under these circumstances, the search violated the Fourth Amendment and the good faith exception to the exclusionary rule does not apply.

Appellate Information

• Published 2016/12/05

Judges

• CORRIGAN

Court

• Supreme Court of California

Counsel