No Warrant Necessary for Text Message Search

By Teresa Anderson

The California Supreme Court has ruled that police do not need a warrant to search the text messages on a suspect's cell phone. In the case, law enforcement officers arrested Gregory Diaz on suspicion of purchasing Ecstasy. Once Diaz was in custody, officers seized his cell phone.

Diaz denied any involvement in the drug transaction. After interviewing Diaz, the officers noticed that Diaz had a text message with a code that indicated that he was selling the drug. When confronted with the text message evidence, Diaz confessed.

However, Diaz later recanted and pleaded not guilty. His attorneys moved to suppress the text message evidence, arguing that police needed a warrant to search the cell phone and that officers violated Diaz's Fourth Amendment rights when it accessed the message.

People v Diaz.pdf199.17 KB


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