People v. Diaz

244 P.3d 501, 51 Cal. 4th 84, 119 Cal. Rptr. 3d 105, 2011 Cal. LEXIS 1
CourtCalifornia Supreme Court
DecidedJanuary 3, 2011
DocketS166600
StatusPublished
Cited by90 cases

This text of 244 P.3d 501 (People v. Diaz) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Diaz, 244 P.3d 501, 51 Cal. 4th 84, 119 Cal. Rptr. 3d 105, 2011 Cal. LEXIS 1 (Cal. 2011).

Opinions

Opinion

CHIN, J.

We granted review in this case to decide whether the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest. We hold that, under the United States Supreme Court’s binding precedent, such a search is valid as being incident to a lawful custodial arrest. We affirm the Court of Appeal’s judgment.

Factual Background

About 2:50 p.m. on April 25, 2007, Senior Deputy Sheriff Victor Fazio of the Ventura County Sheriff’s Department witnessed defendant Gregory Diaz [89]*89participating in a police informant’s controlled purchase of Ecstasy. Defendant drove the Ecstasy’s seller to the location of the sale, which then took place in the backseat of the car defendant was driving. Immediately after the sale, Fazio, who had listened in on the transaction through a wireless transmitter the informant was wearing, stopped the car defendant was driving and arrested defendant for being a coconspirator in the sale of drugs. Six tabs of Ecstasy were seized in connection with the arrest, and a small amount of marijuana was found in defendant’s pocket. Defendant had a cell phone on his person.

Fazio transported defendant to a sheriff’s station, where a detective seized the cell phone from defendant’s person and gave it to Fazio. Fazio put it with the other evidence and, at 4:18 p.m., interviewed defendant. Defendant denied having knowledge of the drug transaction. After the interview, about 4:23 p.m., Fazio looked at the cell phone’s text message folder and discovered a message that said “6 4 80.”1 Based on his training and experience, Fazio interpreted the message to mean “[s]ix pills of Ecstasy for $80.” Within minutes of discovering the message (and less than 30 minutes after the cell phone’s discovery), Fazio showed the message to defendant. Defendant then admitted participating in the sale of Ecstasy.

Defendant was charged with selling a controlled substance (Health & Saf. Code, § 11379, subd. (a)). He pleaded not guilty and moved to suppress the fruits of the cell phone search—the text message and the statements he made when confronted with it—arguing that the warrantless search of the cell phone violated the Fourth Amendment. The trial court denied the motion, explaining: “The defendant was under arrest for a felony charge involving the sale of drugs. His property was seized from him. Evidence was seized from him. [f] . . . [I]ncident to the arrest[,] search of his person and everything that that turned up is really fair game in terms of being evidence of a crime or instrumentality of a crime or whatever the theory might be. And under these circumstances I don’t believe there’s authority that a warrant was required.” Defendant then withdrew his not guilty plea and pleaded guilty to transportation of a controlled substance. The trial court accepted the plea, suspended imposition of sentence, and placed defendant on probation for three years.

The Court of Appeal affirmed, finding that under governing high court precedent, because the cell phone “was immediately associated with [defendant’s] person at the time of his arrest,” it was “properly subjected to a delayed warrantless search.” We granted defendant’s petition for review.

[90]*90Discussion

The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Under this provision, as the United States Supreme Court has construed it, warrantless searches—i.e., “searches conducted outside the judicial process, without prior approval by judge or magistrate”—“are per se unreasonable . . . subject only to a few specifically established and well-delineated exceptions.” (Katz v. United States (1967) 389 U.S. 347, 357 [19 L.Ed.2d 576, 88 S.Ct. 507], fns. omitted.)

One of the specifically established exceptions to the Fourth Amendment’s warrant requirement is “a search incident to a lawful arrest.” (United States v. Robinson (1973) 414 U.S. 218, 224 [38 L.Ed.2d 427, 94 S.Ct. 467] (Robinson).) This exception “has traditionally been justified by the reasonableness of searching for weapons, instruments of escape, and evidence of crime when a person is taken into official custody and lawfully detained. [Citation.]” (United States v. Edwards (1974) 415 U.S. 800, 802-803 [39 L.Ed.2d 771, 94 S.Ct. 1234] (Edwards).) As the high court has explained: “When a custodial arrest is made, there is always some danger that the person arrested may seek to use a weapon, or that evidence may be concealed or destroyed. To safeguard himself and others, and to prevent the loss of evidence, it has been held reasonable for the arresting officer to conduct a prompt, warrantless ‘search of the arrestee’s person and the area “within his immediate control” . . . .’ [Citations.] [f] Such searches may be conducted without a warrant, and they may also be made whether or not there is probable cause to believe that the person arrested may have a weapon or is about to destroy evidence. The potential dangers lurking in all custodial arrests make warrantless searches of items within the ‘immediate control’ area reasonable without requiring the arresting officer to calculate the probability that weapons or destructible evidence may be involved. [Citations.]” (United States v. Chadwick (1977) 433 U.S. 1, 14-15 [53 L.Ed.2d 538, 97 S.Ct. 2476] (Chadwick).)

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Cite This Page — Counsel Stack

Bluebook (online)
244 P.3d 501, 51 Cal. 4th 84, 119 Cal. Rptr. 3d 105, 2011 Cal. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-cal-2011.