Our Costa Mesa drug crimes criminal defense attorneys were disturbed and disappointed to see a court ruling that gives police departments free rein to search cell phones and other portable electronic devices carried by people they arrest. As MSNBC reported Jan. 4, the California Supreme Court has ruled that evidence from a cell phone search may be used in a drug case, even though there was no warrant for searching the phone. The court said the phone was part of personal effects like clothes, not part of the defendant's "papers," that would require a warrant or another exception. The majority said inspecting the phone was like inspecting a carton of cigarettes that the defendant had on his person. A dissenting justice, Kathryn Mickle Werdegar, said cell phone searches were intrusive and not justified.
The case was brought by Gregory Diaz, who was arrested in 2007 after buying drugs from a police informant. After his arrest, the police looked through his phone and found text messages that seemed to implicate him in another drug deal. There was no warrant to look through the phone. Diaz appealed his conviction on drug charges, saying the search of his phone was unreasonable under the Fourth Amendment. The justices disagreed, saying a warrantless search was legal because the phone was on his person. In effect, legal experts said, this means California police can search the cell phones, handheld computers and even laptops belonging to people they arrest, without asking a judge for permission or explaining what they're looking for.
The article quotes several critics of the ruling who believe it gives police officers too much power. As Torrance drug sales criminal defense lawyers, we strongly agree. Under established law, police officers need a warrant to search briefcases for anything other than a weapon. A computer or "smartphone" is nothing more than the digital equivalent of that briefcase, containing correspondence, contacts and other personal data. For this reason, we suspect the Supreme Court misunderstands the nature of cell phones or how much information they can store. As one observer pointed out, officers may still search phones and computers -- they just have to get a warrant. That's an important legal safeguard because it requires a judge's approval, which in turn requires police officers to have a good reason to want to look at the data -- not just go on fishing expeditions.
Howard Law, P.C. represents Californians accused of all types of crimes, including drug and narcotics crimes. Drug crimes may be nonviolent, but they are not penalized accordingly; large-volume sales or cultivation can get you many years in state prison. However, as this case shows, many drug crimes are built around searches -- and not all searches are legal. Our Vista drugs and narcotics criminal defense attorneys examine clients' cases for illegal searches, illegal traffic stops and other misconduct that can get the case thrown out. We also defend drug cases on the facts and on issues such as who "possessed" the substances in question. And for nonviolent offenders willing to plead guilty, we can often arrange alternative penalties such as Drug Court.
If you or someone you love is charged with a drug crime in California, don't wait to call Howard Law, P.C. for help. To learn more about us or set up a free, confidential case evaluation, send us a message online or call 1-800-872-5925 today.
