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.

Photo via Flicker (jurvetson).
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."
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."
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."
More Patrol

The Threat That Fits Under Your Fingernail
What cops need to know about alpha-gal, the tick-borne allergy that can turn an ordinary exposure into a problem weeks or months later.
Read More →
NLEOMF Honors September 2026 Officers of the Month
Four Bradenton Police Department officers were selected as the NLEOMF Officers of the Month for September 2026 for a nighttime water rescue.
Read More →
Blackhawk Debuts Mini EDC Pocket Multi-Tool
The Blackhawk Mini EDC Pocket Multi-Tool stows easily in pants pockets thanks to a sturdy stainless steel pocket clip and incorporates several essential/emergency tools into a single, high-mobility unit.
Read More →
Team Wendy Introduces the EXFIL Endurance Ballistic Helmet, Engineered to Reduce the Burden of Extended Wear
Team Wendy has launched its EXFIL Endurance, a new lightweight ballistic helmet engineered to deliver protection, comfort, and fit during demanding, extended operations.
Read More →
The First Responders Children’s Foundation National First Responders Day Roll Call of Heroes Ceremony Returns to Times Square, NYC
First Responders Children’s Foundation (FRCF), in collaboration with T-Mobile, will host the Roll Call of Heroes ceremony in Times Square to commemorate National First Responders Day on Wednesday, Oct. 28. During the event, FRCF will present 18 Hero Awards.
Read More →
Streamlight to Showcase Newest Lighting Products for Law Enforcement Professionals at IACP 2026
Streamlight will showcase its newest lights for law enforcement at the International Association of Chiefs of Police Annual Conference & Expo. Featured lights will include the TLR-3 X, the PolyTac 1X, and more.
Read More →
Streamlight Portable Scene Light III Wins 2026 OH&S New Product of the Year Award
Streamlight’s Portable Scene Light III has won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.
Read More →
Adept Armor Introduces Two New Rifle Plates
Adept Armor has launched two new Level IV ballistic plates, the Emperor and the Archon Mark 2, which brings Adept Armor’s new Quatroid ceramic to the high-threat, performance-value center of the range at 5.2 pounds.
Read More →
POLICE Product Test: Benchmade Bailout
The Benchmade Bailout is a slim, lightweight carry knife with a deep-ride pocket clip and comes in a variety of blade steels and scales. Here is a detailed review of the Taiga Green Bailout, released earlier this year.
Read More →
NLEOMF Announces July 2026 Officer of the Month
NLEOMF honored a Michigan deputy sheriff as the July 2026 Officer of the Month for rescuing a trapped driver from a burning vehicle following a Fourth of July crash.
Read More →