Warrantless search of a decedent’s electronic devices after his death did not violate CalECPA because the parents gave valid consent. The defendant was convicted of various drug offenses after police found text messages from him relating to drug sales on the cell phone of a person who died after a suspected drug overdose. Police used the decedent’s electronic devices to arrange a subsequent drug deal with the defendant, resulting in a search warrant for various items, including the defendant’s cell phone. The court of appeal found the search of the decedent’s electronic devices by law enforcement officers did not violate CalECPA because the decedent’s parents were “authorized possessors” under § 1546(b), and therefore, they could, and did, consent to the search.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A166279.PDF