Cell phone privacy laws in process of being implemented, San Diego California DUI lawyers share

Cell phone privacy laws in process of being implemented, San Diego California DUI lawyers share

Texting while driving is becoming more dangerous than DUI as a contributor to injury traffic accidents.

If you are stopped for a DUI, should police be allowed to search your cell phone, San Diego attorneys ask?

Courts have said no, California DUI cops cannot search cell phone without a warrant, remind California DUI lawyers who are familiar with law enforcement searches of digital information on a cell phone.

Bruce Jenner signed a release allowing police to see his phone records to check to see if he was texting at time of a fatal car crash in Malibu this past weekend.  He (she) says he (she) was not.

California cops should not even be allowed to touch one’s phone after it was discovered California Highway Patrolmen were forwarding to each other personal photographs of stopped drivers. Games of sharing partially nude women or bikinis were subject to dismissal of DUI cases, San Diego drunk driving defense lawyers know.

To protect private emails, text messages and GPS data, now Sacramento has San Diego & San Francisco legislator proposing a state privacy law that law enforcement agents be required to obtain a warrant before searching someone’s smartphone, laptop, or other electronic device or accessing information stored on remote servers or in cloud servers.

This proposed law codifies what Riley vs. California said:

The police generally may not, without a warrant, search digital
information on a cell phone seized from an individual who has been
arrested.

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