Does the San Jose Police Department have access to data extracted from a mobile phone used in a criminal investigation?
California, United States of America
The following excerpt is from People v. Huynh, 19 Cal.App.5th 680, 229 Cal.Rptr.3d 385 (Cal. App. 2018):
investigation, came into the San Jose Police Department's possession when it was seized in July 2013. Whether for purposes of section 1054.1 the data on the phone was in the possession of the prosecution or investigating agency before it was extracted is a legal question subject to our independent review on appeal. ( People v. Groat (1993) 19 Cal.App.4th 1228, 1231, 24 Cal.Rptr.2d 15.)
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