Police Magazine Logo
MenuMENU
SearchSEARCH

Calif. High Court OKs Cell Phone Searches Without Warrant

The majority of justices, in their ruling, agreed that the cell phone was a personal item of Diaz's at the time of his arrest and during administrative processing at the station.

January 6, 2011
Calif. High Court OKs Cell Phone Searches Without Warrant

Photo via Flicker (jurvetson).

3 min to read


The California Supreme Court has ruled that law enforcement officers can search a suspect's cell phone without a warrant, after a lawful arrest, and that any incriminating texts, e-mails or other sensitive data can be used as evidence.

The Monday ruling stems from the 2007 arrest by Ventura County Sheriff's Deputy Victor Fazio of Gregory Diaz. Deputy Fazio witnessed Diaz participating in a police informant's controlled purchase of MDMA/ecstasy. A short time later, at the station, the deputy looked through the defendant's phone and found a text message that said "6 4 80," which meant "six pills of Ecstasy for $80."

Ad Loading...

After being shown this message by Deputy Fazio, who did not obtain a warrant, Diaz then admitted to participating in the drug sale, and he was charged with selling a controlled substance. Diaz pleaded not guilty, and his attorneys moved to suppress the fruits of the cell phone search — the text message and the statements he made when confronted with it — and argued that the search of the cell phone violated the Fourth Amendment.

The majority of justices, in their ruling, agreed that the cell phone was a personal item of Diaz's at the time of his arrest and during administrative processing at the station.

"Because the cell phone was immediately associated with defendant's person, [deputies were] entitled to inspect its contents without a warrant," the justices wrote in their decision.

In her dissenting opinion, Justice Kathryn Werdegar argued that the search was too invasive, because data on an electronic device would not fall under "searches of an arrestee's person and effects." Werdegar also called the search a "potential intrusion on informational privacy" in her opinion.

"Never before has it been possible to carry so much personal or business information in one's pocket or purse," Werdegar wrote. "The potential impairment to privacy if arrestees' mobile phones and handheld computers are treated like clothing or cigarette packages, fully searchable without probable cause or a warrant, is correspondingly great."

Ad Loading...

Although several previous federal court rulings, including those in Maine and Texas, appear to be in agreement with the California decision, the Ohio Supreme Court has come out on the other side of the issue. In December of 2009, it ruled that digital containers are more protected than other containers, such as pockets, wallets, backpacks and packs of cigarettes.

An attorney for Diaz plans to appeal the decision to the U.S. Supreme Court, reports MSNBC. A ruling by the nation's high court would bring needed clarity, according to Devallis Rutledge, a former police officer and veteran prosecutor who contributes monthly to POLICE Magazine's Point of Law department.

"We need to have a U.S. Supreme Court decision on this because it's not good to have one law in Ohio and one in California," Rutledge told Campus Safety magazine. "My hope is that they will agree [with the Diaz decision], and say that we can't place on police officers in the field the burden of determining as technology advances whether a particular product that has been put out by Apple or Microsoft is going to fit into a category of things that are or aren't searchable.

"The only workable rule that the U.S. Supreme Court can come down with, that I see, is the same one that the California court came down with in Diaz; namely we're not going to differentiate between containers that hold data or information because we can't anticipate what they are going to look like."

Read the full California Supreme Court ruling.

More Patrol

Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Ad Loading...
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →
Streamlight searchlight and a scene light on a tripod set against a darkened street scene and Streamlight logo across the top.
PatrolApril 30, 2026

Streamlight Launches LiteBox 1Million & Portable Scene Light III

Streamlight has launched the Portable Scene Light III (PSL III), which delivers up to 10,000 lumens, and the LiteBox 1Million, a one-million-candela long-range search light.

Read More →
Two camo magazine puches against a blue tinted police background and a logo for Tasmanian Tiger.
PatrolApril 22, 2026

Tasmanian Tiger Introduces the TT SGL Mag Pouch Clamp M4

Tasmanian Tiger has launched the TT SGL Mag Pouch Clamp M4, an open magazine pouch engineered for M4/AR-15 platforms that integrates a plastic clamping device for secure retention and fast magazine deployment.

Read More →
Ad Loading...
Police officer in a darkened hallway holding a flashlight and headline 5 Things to Know When Buying Patrol Lights, and POLICE logo.
PatrolApril 16, 2026

5 Things to Know When Buying Patrol Lights

Whether it’s time to buy a personal patrol light or make the decision for the next department-issued patrol light, what do you need to know? How do you weigh the different variables and make the best choice?

Read More →
Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →
Ad Loading...
Man standing in desert talking on radio.
PatrolApril 9, 2026

Motorola Solutions Extends Resilient, Mission-Critical Communications and AI with T-Satellite from T-Mobile

A collaboration between Motorola Solutions and T-Mobile helps deliver uninterrupted situational awareness and access to AI wherever the mission leads, enabled by satellite connectivity for Motorola Solutions' APX NEXT smart radios.

Read More →