In the state of California Police may search your cellphone or conduct a search of your computer or hard drive, tablet computer, or other electronic device without a warrant, with consent of the individual, carrying a device across an international border and or in a crisis circumstance, where police can demonstrate a quick need to inquiry a gadget to seek after an escaping suspect, or help somebody who is genuinely harmed or debilitated with imminent injury.
Example: Andrea and José are two police detectives working undercover to infiltrate a criminal street gang . Members of the gang they are working with find out about their identity. They attempt to kill José, but he escapes. José then contacts his colleagues at the police department. They tell him that
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The police could search your cellphone without a warrant before June 25, 2014, while you were under lawful arrest, prosecutors could use the evidence against you.
Warrentless cellphone searches incident to arrest were legal in California prior to June 2014.
Example: In 2013, Paul is arrested on a traffic violation.
Police search his mobile phone (without a warrant) at the time of his arrest. They find child pornography images among his digital photos.
Paul is charged under California 's child pornography laws.
In June 2014, the U.S. Supreme Court clarifies the law on cell phone searches making it clear that the warrantless search of Paul 's phone is now illegal.
But because the police who searched Paul 's phone were acting in good faith, in accordance with California law as it was at the time the images can still be admitted as evidence against Paul.
I think that California laws on search and seize on electronic devices are fair. No police can search without a warrant with the exemption of the metions above. I always think that if it looks suspicios it should a cause to search and seize, I know that might make people powerless but I bet more people will be behind bars if police can make search without