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."