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In January the California Supreme Court ruled that a police search of a cell phone after an arrest is constitutionally sound. This blog carried a story on the ruling on January 21. The January ruling involved an appeal of a case where Ventura County law enforcement searched a man's cell phone for text messages after the man was arrested on suspicion of committing a California drug crime.

The January ruling may not be the end of the story. Monday the California Assembly unanimously approved a measure aimed at requiring law enforcement to seek a valid warrant before they can lawfully search the contents of a cell phone. However, the Assembly measure differs from a bill that passed in the Senate last month. The Assembly measure waters down the warrant requirement by allowing law enforcement to conduct a warrantless search if they believe an exception applies.

The exceptions that would allow police to conduct a warrantless search under the Assembly bill would involve situations where police believe the search is necessary to prevent injuries, to stop the destruction of evidence or to prevent a crime from occurring.

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