Sunday, January 09, 2011

From our FRIENDS in the California 4th Court of Appeals...

We granted review in this case to decide whether the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest.

We hold that, under the United States Supreme Court's binding precedent, such a search is valid as being incident to a lawful custodial arrest.

We affirm the Court of Appeal's judgment.

Deeper and deeper in to the quagmire we fall.....

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