People v. Smith CA4/3

FACTS

In January 2014, police officers arrested a 17-year-old girl for suspicion of prostitution. She told officers that Smith was her pimp, Smith watched while his friends assaulted her, and Smith took photographs of her with his cell phone for his illicit website. When officers arrested Smith, he had a Samsung Galaxy S4 cell phone (the Cell Phone), which was password protected. Eleven days later, officers recovered 4,175 pages of data from the Cell Phone using Cellebrite data extraction technology.

The same issue is pending before the California Supreme Court in People v. Macabeo, S221852, review granted November 25, 2014.

2 An information charged Smith with the following: human trafficking with the intent to pimp (Pen. Code, § 236.1, subd. (c)(1), all further statutory references are to the Pen. Code) (count 1); pimping a minor (§ 266h, subd. (b)(1) (count 2); and pandering with a minor over 16 years old by procuring (§ 266i, subds. (a)(1), (b)(1)). The information alleged Smith committed count 1 using force and fear (§ 236.1, subd. (c)(2)), and he suffered a prior prison term (§ 667.5, subd. (b)). After the trial court denied Smith’s non-statutory motion to…