User:Applecupcake/sandbox
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'People v. Diaz' (51 Cal. 4th 84; 244 P.3d 501; 119 Cal. Rptr. 3d 105; 2011) was a landmark Supreme Court of California decision filed January 3, 2011 which dealt with a delayed warrantless search of information contained within a cell phone upon lawful arrest. In a sting operation conducted by local police, the defendant, Gregory Diaz, was arrested for the sale of the illicit drug Ecstasy, and his cell phone, containing incriminating evidence, was seized and searched without warrant. In trial court, Diaz motioned to suppress the information obtained from his cell phone, but was denied on the grounds that the search of his cell phone was incident to a lawful arrest.The California Court of Appeals affirmed the court's decision, a ruling which was later affirmed by the California Supreme Court.[1]
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People v. Diaz | |
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Argued October 5, 2010 Decided January 3, 2011 | |
Full case name | The People v. Gregory Diaz |
Citation(s) | 51 Cal. 4th 84; 244 P.3d 501; 119 Cal. Rptr. 3d 105; 2011 |
Case history | |
Prior history | Review granted, California Court of Appeals decision unpublished |
Holding | |
Affirmed the judgment of the Court of Appeals denying motion to suppress evidence obtained without warrant from Diaz's cell phone upon lawful custodial arrest. | |
Court membership | |
Chief Justice | Joyce L. Kennard (Acting) |
Associate Justices | Kathryn Werdegar, Ming Chin, Marvin R. Baxter, Carol Corrigan, Ronald M. George, Carlos R. Moreno |
Case opinions | |
Majority | Chin, joined by Baxter, Corrigan, George |
Concurrence | Kennard |
Concur/dissent | Werdegar, joined by Moreno |
Laws applied | |
U.S. Const. Amend. IV |