Clymer

People v. Clymer

Good Law
Court of Appeal of CaliforniaDecember 4, 2024A166279California4,547 words

Opinion

Opinion

Banke, J.

I. BACKGROUND

In January 2019, Officer Anthony Baron responded to a call at the McKay family residence where he found 30-year-old Drew McKay dead in his bedroom. Family members told Baron that for the past 12 years McKay had had a history of substance abuse and had twice overdosed on what was

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this

opinion is certified for publication with the exception of part II. B. 1 suspected to have been counterfeit oxycodone. They also told Officer Baron McKay had been ill the prior afternoon, exhibiting symptoms consistent with an overdose, including low energy, clamminess, and vomiting. McKay’s mother had found him dead, and the family called the police. With McKay’s parents’ permission, Officer Baron and Special Agent Jeffrey Boyce searched McKay’s room for narcotics and paraphernalia. They eventually found nine pills in McKay’s belongings. McKay’s cell phone and iPad were on a bedside table. McKay’s parents repeatedly urged Special Agent Boyce to search McKay’s iPhone and iPad so the officer could “find out what happened to their son,” and they provided the passcode to the devices. While searching the devices,…

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