Warrantless searches of a suspect’s cell phone might soon be a thing of the past

See:
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The California Supreme Court’s decision to allow warrantless searches of suspects’ cell phones at the time of their arrest is in jeopardy less than eight months after it was announced in People v. Diaz. Senate Bill 914 (SB 914), which could land on the Governor’s desk this month, would force law enforcement officers to obtain a warrant before searching the information contained in an arrested person’s cell phone or other portable electronic device.

The bill would expressly overturn the Court’s holding in Diaz, which found that a search of a suspect's cell phone was valid under the Fourth Amendment as being incident to a lawful custodial arrest. The Court justified its decision on the grounds that the phone was “immediately associated with defendant’s person,” and that a search could protect officer safety and prevent the destruction of evidence.

In response to the Supreme Court’s decision, SB 914 expressly notes that once in the exclusive control of the police, cell phones do not ordinarily pose a threat to officer safety. The issue of destruction of evidence on a cell phone can ordinarily be addressed through simple evidence preservation methods and prompt application to a magistrate for a search warrant. In light of these findings, and the public’s enormous interest in information privacy and freedom of communication, the bill declares that a blanket exception to the warrant requirement is not justified.

Given the potential for a change in the scope of a search incident to a lawful arrest, cities should continue to monitor SB 914’s progress through the Legislature."