Search warrants: portable electronic devices.
Summary
Existing law provides that a search warrant cannot be issued but upon probable cause supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and place to be searched. Existing case law authorizes arresting officers, without a warrant, to conduct a search incident to a lawful arrest, including to search the contents of a cellular telephone taken from a suspect during an arrest. This bill would prohibit the search of information contained in a portable electronic device, as defined, by a law enforcement officer incident to a lawful custodial arrest except pursuant to a warrant issued by a duly authorized magistrate using established procedures.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Sep 2011
Senate Passage
Jun 2011
Assembly Passage
Aug 2011
Vetoed
Mar 2012
Introduced Feb 18, 2011
Vetoed Mar 1, 2012
Floor votes · Senate Jun 2, 2011 · Assembly Aug 22, 2011
How they voted
27–9
Passed · 3 other
Total votes 39
Jun 2, 2011
D
Democratic24
87% Yea
R
Republican15
53% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
5
Committee
7
Amendments
1
Mar 1, 2012
Vetoed
Veto sustained.
upper
Mar 1, 2012
Vetoed
Consideration of Governor's veto stricken from file.
upper
Oct 9, 2011
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 9, 2011
Vetoed
Vetoed by the Governor.
upper
Sep 1, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 32. Noes 4. Page 2226.) Ordered to engrossing and enrolling.
upper
Aug 22, 2011
Assembly · Passed
Assembly Vote: pass (69-0-10)
assembly
Aug 22, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 22, 2011
Lower · Passed
From committee: Do pass. (Ayes 5. Noes 0.) (June 21).
lower
Jun 9, 2011
Committee
Referred to Com. on PUB. S.
lower
Jun 2, 2011
Senate · Passed
Senate Vote: pass (27-9-3)
senate
May 5, 2011
Upper · Passed
Hearing postponed by committee.
upper
Apr 26, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 742.) (April 26). Re-referred to Com. on APPR.
upper
Mar 31, 2011
Committee
Re-referred to Com. on PUB. S.
upper
Mar 10, 2011
Committee
Referred to Com. on RLS.
upper
Feb 18, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
ML
Mark Leno
DDemocratic
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