Cell phone search

[Tripper]

I haven't had time to really read this yet, but it's had lots of discussion lately, probably a few threads in it any given time
How's this looking

http://www.policeone.com/legal/articles/4414494-Warrantless-cell-phone-searches-banned-in-Calif/

[Librarian]

That's SB 914,

SEC. 2. Section 1542.5 is added to the Penal Code, to read:
1542.5. (a) The information contained in a portable electronic
device shall not be subject to search by a law enforcement officer
incident to a lawful custodial arrest except pursuant to a warrant
issued by a duly authorized magistrate using the procedures
established by this chapter.
(b) As used in this section, "portable electronic device" means
any portable device that is capable of creating, receiving,
accessing, or storing electronic data or communications.
(c) Except as provided in subdivision (a), nothing in this section
curtails law enforcement reliance on established exceptions to the
warrant requirement.

I don't know why that article says the bill is now law

The new California law unanimously passed in the state Assembly. Today the office of Gov. Jerry Brown confirmed that since the governor did not make a specific decision on this legislation, it became automatically enrolled as a law this week.

- the Governor has 30 days from when it was enrolled, on 9/2.

Maybe they mean the Governor's office told them Jerry won't either sign or veto before 10/2.

In any case, effective Jan 1, 2012.

[Notorious]

Sounds about right. W have our own protocol which includes throwing the phone into a faraday bag and letting the tech guys sort it out.

[Ron-Solo]