What is the test for consent to search a cell phone?
California, United States of America
The following excerpt is from People v. Lyon, C078690 (Cal. App. 2016):
690, overruled on other grounds in People v. Jenkins (1980) 28 Cal. 3d 494, 503; see People v. Ward (1972) 27 Cal.App.3d 218, 225.) We uphold the trial court's finding that defendant's consent was voluntary.
Finally, defendant claims the search incident to arrest exception to the warrant requirement does not apply to a cell phone pursuant to Riley v. California (2014) 573 U.S. ___ [189 L.Ed.2d 430] (Riley), and argues the exclusionary rule should apply.3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a search of a cell phone during a parole compliance search need to extend to cell phone searches? (California, United States of America)
Does a search of a Defendant's cell phone after an arrest constitute an authorization to search digital data in an arrestee's phone? (California, United States of America)
When a motorist consents to a search, does that consent to search the vehicle? (California, United States of America)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
In the absence of a decision by the California Supreme Court on the issue of consent for searches and seizures, what is the effect of the consent process in the context of this issue? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
