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    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

Federal Judge Backs Cell Phone Search In Traffic Stop

This ruling can have a bearing on San Diego DUI cases.   Read the case.  

US District Court for Oklahoma backs the cell phone search of a driver pulled over for a flapping license plate.

The court opinion can be found here.

Drivers pulled over for minor traffic violations can have their cell phone searched, according to a recent federal ruling. A judge decided last week that Oklahoma City, Oklahoma police were in the right when they downloaded information off the mobile phone belonging to Noe Vergara Wuences who was pulled over on March 22, 2012 because the temporary paper license plate on his new car flapped a bit in the wind.

During the stop, Officer Scott McCall asked Wuences about his travel plans. At 12 minutes into the traffic stop, Officer McCall radioed for a drivers license check. A few minutes later the license came back clean, so Officer McCall asked dispatch to send a canine unit. At this point, Officer McCall asked Wuences if he could search the car. Wuences said he “doesn’t mind.”

The drug dog alerted on the methamphetamine in the vehicle and Wuences was arrested. Officer McCall took the Nokia 1616-2C and ZTE X500 mobile phones that were in the car and began using a Cellebrite UFED device to download all of the data. Many police departments, even in small towns, use this portable unit to crack cell phone passwords and grab emails, text messages, phone records and photographs automatically. Officer McCall failed to download the Nokia data, but he wrote down the phone log information manually.

The Oklahoma City officer did not seek a warrant before gathering the data, so Wuences and his attorney, John M. Dunn, argued this was a Fourth Amendment violation. The courts have created an “automobile exception” to the prohibition on warrantless searches that allows an officer to look in closed containers found in a vehicle because of the reduced expectation of privacy when driving. Given the large amount of data contained on modern cell phones, Dunn argued the exception should not apply. 

“Because the courts have recognized the technological change in cellular phones which is elevated them from being analogous to a ‘beeper’ which had extremely limited data storage capability, and has now recognized that they are more like handheld computers containing large amounts of personal and private information, which should not be subject to ‘rummaging’ on the part of the government merely because it is located in a vehicle,” attorney John M. Dunn argued.

Officer McCall manually searched all areas of the cell phone’s memory, not just the parts that could be reasonably related to drug trafficking. Dunn noted that the officers made no attempt to prevent the phones from being remotely wiped. US District Judge Gregory K. Frizzell was not persuaded.

“The court finds, based on the record at the evidentiary hearing, that there was probable cause to believe the cell phones contained evidence of a crime,” Judge Frizzell ruled. “Further, the court finds that officers had reason to believe there was a risk that the evidence could be destroyed by remote means.” 

Wuences accepted a plea bargain and entered a guilty plea after the ruling was issued. A copy of the ruling is available in a 90k PDF file at the source link below.

Do not let the government do anything that would violate your rights.  I know people generally want to cooperate with police.  That does not come with the cost of your freedom.  Please be vigilant and respectfully refuse to answer any questions or tests that you are NOT required to perform.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation. 

The full article can be found here.

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