Legal Question in Civil Rights Law in California

is it legal for law enforcement officers to view the contents of a personal cell phone at the time of an arrest. Here are the circumstances. If someone is arrested on a warrant for failure to comply with the DUI classes that they are given as part of ther sentence for a first time DUI, is it legal for an officer to view texts, pictuers, history, ect... when it is in no way pertinent to any part of the "investigation". This seems like it would clear violation of my rights and privacy. It would seem to me that if the information on someones cell phone has nothing to do with any part of a warrant arrest, what gives them the right to view private information on a cell phone?


Asked on 1/19/11, 12:30 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Were you subject to any probation orders such as Search and Seizure? If so, you cannot object to the search. Otherwise, they probably would not have the right to snooip into your affairs. Probably doesnt' have enough value for an attorney to take on the case except on an hourly billable basis.

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Answered on 1/24/11, 1:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Actually just last week the California Supreme Court ruled that the cops have total freedom to romp through the contents of cell phones belonging to anyone who is arrested or cited, and it doesn't depend on one's being on probation or parole. Write to your state legislator and demand that the law be changed.

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Answered on 1/24/11, 3:38 pm


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