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Arresting Officers Can Search Cell Phones on Scene,Using Tools such as AccessData's MPE+
CA Supreme Court Rules that Arresting Officers can Perform Cell Phone Search and Acquisition at
the Scene of an Arrest without a Warrant
LINDON, UTAH—Friday, January 7, 2011 This week the California Supreme Court ruled that arresting
officers, without a warrant , may search the contents of a cell phone taken from a suspect during arrest stating,
“lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have in property
immediately associated with his or her person at the time of arrest,” and that, "…this… allows police not only to
seize anything of importance they find on the arrestee's body ... but also to open and examine what they find."
The court’s 5-2 decision in People v. Diaz ( No. S166600, January 3, 2010,avail at:
http://www.courtinfo.ca.gov/opinions/documents/S166600.PDF) extends to all content held on a mobile or smart
phone and specifically renounces the idea that the amount or type of data makes a cell phone somehow
different from any other object found on or near an arrestee’s person.
Incidentally, AccessData recently released Mobile Phone Examiner Plus™ (MPE+) 4.1, which is available on a
field tablet. This product allows arresting officers to instantly search and collect all data on a cellular phone while
in the field. MPE+ 4.1 is uniquely designed to let arresting officers take full advantage of the Diaz decision.
The software-only solution and the field-ready tablet can unlock locked phones and give law enforcement instant
access to the call history, contacts, text messages, photos, voice recordings, video files, calendar entries, tasks,
notes, address book, Web browsing history, chat logs, data stored in applications (including social media
applications), search history and any data from location-enabled services or applications ⎯ allowing police to
construct an arrestee's past whereabouts and activities.
The program supports more than 2500 phones, including 80% of CDMA phones, such as Blackberry, iPad and
iPhone 4. The end result of an MPE+ investigation is a forensically sound, clean copy of the data and a quickprint or PDF view that gives officers the ability to make on-scene decisions.
“If the Diaz decision gives arresting officers permission to search cell phones, then MPE+ gives them the tools
they need to do so quickly and effectively,” said Accessdata CEO, Tim Leehealey.
MPE+ is available as a field-ready tablet or as a software-only solution and is virtually instantly deployable. It
integrates with the industry-standard computer forensics software, Forensic Toolkit®
(FTK®), allowing law
enforcement to perform advanced analysis and correlate data from multiple phones and computers within a
single interface. For more information on MPE+, please visit www.accessdata.com/mpe
About AccessDataAccessData Group has pioneered computer forensics and litigation support for more than twenty years and is the maker of FTK and Summation. Over that time, the company has grown to provide a family of stand-alone and enterprise-classsolutions that enable digital investigations of any kind, including computer forensics, incident response, eDiscovery, legal
review, IP theft, compliance auditing and information assurance. More than 100,000 customers in law enforcement,government agencies, corporations and law firms around the world rely on AccessData software solutions and its premier digital investigations and hosted review services. AccessData Group is also a leading provider of digital forensics trainingand certification, as well as litigation support training and certification.
Contact:Erika LeeAccessData(323) [email protected]
