Last week, California's Supreme Court reached a controversial 5-2 decision in People v.
Diaz (PDF), holding that police officers may lawfully search mobile phones found on arrested individuals' persons without first obtaining a search warrant. The court reasoned that mobile phones, like cigarette packs and wallets, fall under the search incident to arrest exception to the Fourth Amendment to the Constitution.
Source:
http://arstechnica.com/gadgets/guides/2011/01/why-you-should-always-encrypt-your-smartphone.ars
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