P. v. Diaz 7/30/08 CA2/6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B203034

Case Date: 10/28/2008

Preview:Filed 7/30/08

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

THE PEOPLE, Plaintiff and Respondent, v. GREGORY DIAZ, Defendant and Appellant.

2d Crim. No. B203034 (Super. Ct. No. 2007015733) (Ventura County)

A cell phone is seized from the person of an arrestee approximately one hour after he is transported to the police station. About 30 minutes later, while the arrestee is being interrogated, the arresting officer accesses the phone's text message folder and retrieves an incriminating message. We hold the officer's actions are lawful under the Fourth Amendment of the United States Constitution as a valid search incident to arrest. Gregory Diaz appeals the judgment entered after he pled guilty to transportation of a controlled substance, Ecstacy (Health & Saf. Code,

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