What is the test for obtaining a search warrant to obtain data from the SDM?

California, United States of America


The following excerpt is from People v. Xinos, 11 Cal. Daily Op. Serv. 1828, 121 Cal.Rptr.3d 496, 2011 Daily Journal D.A.R. 2164 (Cal. App. 2011):

The People argued that no search warrant was required because defendant had no reasonable expectation of privacy in the SDM's data, analogizing to electronic beepers and emphasizing the diminished expectation of privacy in vehicles. The People maintained that the year delay in conducting the download was immaterial, citing ( People v. Superior Court (Nasmeh) (2007) 151 Cal.App.4th 85, 59 Cal.Rptr.3d 633).5

Other Questions


If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (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)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.