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Name: People v. Nottoli
Case #: H035902
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/26/2011

A search incident to arrest for being under the influence of a controlled substance, supports a search incident to arrest, including a search of a cellphone found in the passenger compartment. The driver was pulled over for speeding and then arrested for being under the influence of a controlled substance. He was handcuffed and secured in a patrol car. The subsequent search of the passenger compartment pursuant to Arizona v. Gant (2009) __ U.S.__, [129 S.Ct. 1710], produced “tooters,” straws used to ingest drugs, a cell phone, and a gun. The cellphone “wallpaper” photo and 10 minute search through text messages, photos, and emails on the phone revealed marijuana cultivation and a receipt for illegal incendiary devices. People v. Diaz (2011) 51 Cal.4th 84, 94-101, held that a cellphone is like any other container or personal effect which may be validly searched incident to arrest. In this case, the seized evidence became the basis for a search warrant for the cellphone and additional information resulted in search warrants for the home of the driver and the home of his father. The search incident to arrest was reasonable based on arrest for a completed drug crime.