P. v. Huebner CA3
A jury convicted defendant Gerald Patrick Huebner of various drug and firearm related counts. On appeal, he first contends reversal is required because his cell phone was searched without a warrant. At the time of the search, People v. Diaz (2011) 51 Cal.4th 84, 93 (Diaz) permitted cell phone searches incident to a lawful arrest. But by the time of trial, Riley v. California (2014) 134 S.Ct. 2473, 2495 (Riley) held the opposite. We conclude the good faith exception applies because the officers were acting in objectively reasonable reliance on then existing appellate precedent.
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