Legal Question in Constitutional Law in California

This legal question is the subject of an article in today's (2/21/10) New York Times (nytimes.com). Different courts have decided the issue differently. I would be very interested in hearing from anyone who needs to litigate the issue to avoid a possible criminal conviction or jail sentence.

Who is the person? Can they use it to convict you? Maybe not as it sounds like it is an unlawful search of your phone. However, the dealer's phone number you may have in your phone is different, because the dealer does not have an expectation of privacy in your phone probably and thus cannot object to the unlawful search, so the info in your phone can be used against someone else, but not you, is my guess. (however I do not generally do criminal law)

Best,

Daniel Bakondi, Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

[email protected]

415-450-0424

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