ipl-logo

Case Study On Riley Vs California

922 Words4 Pages

1. Riley vs California Riley vs California is the significant and most popular case which is related to Fourth Amendment decisions in recent history. The court in this case gave ruling and decision related to “search incident to arrest” of cell phone which the police found with the arrestee at the crime location. Different court has different decision based on different point of view. There was unanimous opinion that police should examine the arrestee’s cellphone as part of search incident to arrest. The court after this decision accepted willingly this rule as protection of fourth amendment for privacy. • Introduction Many people in the country are arrested, but many of these arrested of which the major part is never convicted for any …show more content…

Such warrantless searches are not only done at the crime scene but are also allowed to be done later in the police station when the arrestee is investigated. In this case the major focus is given to the Fourth Amendment. Mostly people now a day use their smart phone to store all their data, thoughts and also sensitive information related to them and there near one, Fourth Amendment is meant to always protect and provide safeguard to the to the personal and professional information for being investigated. The court should provide a hold on such searches without warrants, the digital content and personal data should not be investigated before obtaining a search …show more content…

On a fine morning of August 22, 2009, police charged a petition against a college student named David Leon Riley, who was driving a car in his home’s neighborhood at San Diego, car was a Lexus. The officer who stopped riley when he was arrested told that he stopped and arrested David Leon Riley for violating traffic rules and also for the weapons he was carrying with him, he also was driving the car with expired license registration, his driver’s license was suspended, the police thus impounded his car (Lexus). 2. Riley was thought to be associated with the shoot on August 2, considering the present circumstance and minute so separate charges were additionally issued for shooting on another vehicle, which intension to endeavor murder, and strike with an automatic gun. Because of the police arrangement of appropriating, San Diego Police Department require to direct a stock inquiry on the vehicle to record it at time of seizure, as security against obligation asserts in not so distant future. 3. While the search the cops discovered two weapons and arrested Riley for ownership of those weapons (guns). Riley was arrested and his cellphone was seized. In the examination report of the cellphone, two-organize warrantless inquiry of computerized digital search was performed. To begin with the content sections on Riley's

Show More
Related
630 Words | 3 Pages

On 07/15/2017, members of the Little Rock Police Department Downtown Division arrested Zachary Hicks, W/M, DOB: 10/07/1986, at 6100 Mitchell Drive, Little Rock, Arkansas. Mr. Hicks was charged with Possession of Methamphetamine, Possession of Drug Paraphernalia and Loitering. Mr. Hicks was transported to the Pulaski County Regional Detention Facility and held in lieu of bond. Mr. Hicks was assigned Street Narcotics Suspect #2017-SN-459, in reference to this incident.

Read More
455 Words | 2 Pages

They have also said that it is reasonable for any officer to do an immediate area search of where that individual is to make sure that they can not grab anything for a weapon like for example a knife. The Supreme Court clearly notes in its opinion that such searches have to happen in the immediate area of arrest and any such search outside that area must be made with a search warrant. In Chimel case the officers could have patted down Chimel and then done a search of the immediate area to make sure that no weapons were hiding around. But once they began looking all around the house that requires a search warrant. The Supreme Court reversed the California Supreme Court’s

Read More
524 Words | 3 Pages

David Leon Riley, a gangster who is in the Lincoln Park Gang in San Diego, CA was involved in a rival gang shooting. The rival of Riley’s gang shot at the Lincoln Park Gang and then got into Riley’s vehicle, stole it, and drove off. Riley had his cell phone in his possession when he was apprehended. So a detective analyzed the videos and photographs of Riley making gang signs and other gang indicia that were stored on the phone to verify whether Riley was gang affiliated. On August 22, 2009, the police pulled Riley over which he was driving a different car which later they found out that he was driving on expired license registration tags.

Read More
277 Words | 2 Pages

INTRODUCTION: This case involves the arrest of Suspect Davian Thomas for driving with a suspended license in violation of CVC 14601.1(a)-Suspended Driver 's License. INVESTIGATION: On 07-22-16, at 1701 hours, I was working uniformed patrol with Officer Harrell #3441. We were traveling east on Washington Boulevard approaching El Sereno Avenue.

Read More
1593 Words | 7 Pages

v. Clayton, held that the police officers did not infringe Mr. Clayton and Mr. Farmer’s rights under ss. 8 and ss. 9 of the Charter as their unusual behaviour gave the officer reasonable grounds to conduct a pat down search. This case is significant to us for various reasons. First of all this case shows us the circumstances, when a police officer has the right to detain an individual without a search warrant.

Read More
625 Words | 3 Pages

One of, if not, the most provocative arguments Kerr offers in his article is that the third-party doctrine should not be framed in terms of “reasonable expectation of privacy” in which a person “waives” their reasonable expectation of privacy, but rather as a consent doctrine. In his view, what we voluntarily disclose to third parties eliminates Fourth Amendment protection because of implied consent. Specifically, a person voluntarily discloses information to a third party if they do so knowingly. Consequently, searches, if a government agent’s conduct is deemed as such, are reasonable because the person allowed the government to do so. Kerr’s example for his principle is problematic.

Read More
942 Words | 4 Pages

This is simply not the case in the search of digital media because the evidence is not tangible and serves no immediate threat to the officer. Also, “faraday bags” exist to store the evidence until a warrant is obtained and the phone can be disconnected from any network and turned off until that warrant is obtained. The supreme court has, in previous cases, established that cell phones are “minicomputers filled with massive amounts of private information” and this served the purpose of differentiating them from traditional items that can be searched immediately following arrest such as a wallet. But the court held that in the event that it was crucial to governmental interests, a warrantless search of a cell phone could be executed. Another prominent concurring opinion was sponsored by conservative Justice Samuel A. Alito, Jr. who stated that although he doubts that warrantless searches are truly justifiably for the protection of officers and preservation of evidence the court’s majority opinion is the best one in the given circumstances.

Read More
1243 Words | 5 Pages

An officer could physically search the cell phone and it 's case for weapons, such as a razor blade. The State countered that the suspect 's cell phone could be used to call associates to aid him, which would affect officer safety. Allowing the officer to search the cell phone without a warrant might give him/her warning that someone is coming. On the point of protecting evidence from concealment or destruction, Riley argued that once a cell phone has been seized, there is no need for the officer to search the digital contents to protect it. The State countered, saying that the data on a cell phone, when in custody of police, is subject to

Read More
248 Words | 1 Pages

A phone with bank information can be a top prize for a treacherous police officer. They can go to your home, text contacts, even steal identities if you put enough information on alleged “secure” personal devices. Phone snooping violates the 4th amendment, which says "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”. When Gregory Diaz, a California resident who was seen participating a drug deal, was ordered to hand over his phone to an officer without a warrant, it violated the amendment. The Supreme Court, when notified about the case, decided that Diaz’s case was an exception to the 200 y/o rule.

Read More
742 Words | 3 Pages

These actions did not go by what was established by an earlier, similar case, and by performing the scan with no warrant, the government did not allow DLK to conduct private activities in his own home. Although some argue that the government’s actions were acceptable because they only scanned what was visible to the public, they still used a device not readily available to the public to see inside DLK’s home. The government’s actions were unacceptable, and a warrant should have been obtained prior to performing the search in order to make it

Read More
586 Words | 3 Pages

In summary, on 09/25/15 at 0159 hours I was patrolling the area of 1800 S. 59th Ct., when I observed a vehicle (02 ' Pontiac IL V707523) traveling southbound at a higher rate of speed than the posted speed limit (20mph). I paced the vehicle at 35mph for approximately for two (2) blocks (1900-2100 59th Ct.). The vehicle had an obstructed front windshield. I made contact with the driver at which time I requested a driver 's license and insurance for the vehicle. The driver was unable to provide any form of identification, but was able to provide insurance.

Read More
1116 Words | 5 Pages

In 1971, Marvin Miller, owner of a mail-order business in California specializing in pornographic materials, sent out explicit and unsolicited advertisements for books and movies that contained graphic and uncensored images of sexual activity (Elias, Elias, Bullough, & Brewer, 1999). A business in Newport Beach, California received this mailing and the owner and his mother notified the police of its content, Miller was arrested and subsequently convicted for violating a state statute that prohibited the distribution of obscene material; Miller appealed claiming the materials were protected under the First Amendment’s right to free speech (Elias, et al., 1999). The 1973 decision handed down by the Supreme Court in Miller v. California, defined the scope of First Amendment protections and introduced specific qualifications to determine obscene materials. A key factor in the tension surrounding the right to free speech and materials designated as being obscene stems from the difficulty of defining obscenity.

Read More
1226 Words | 5 Pages

In analyzing whether or not a Fourth Amendment violation has occurred, it is necessary to determine if a search has occurred in the first place. Within the scope of the Fourth Amendment, a search constitutes an officer examining someone’s person, home, papers, or effects to find evidence of a crime. In other terms, a search occurs when the government violates a subjective expectation of privacy that society readily recognizes as reasonable, as defined in Kyllo v. United States. Additionally, as further discussed in Kyllo v. United States, “obtaining by sense-enhancing technology any information regarding the interior of a home that could not otherwise have been obtained

Read More
427 Words | 2 Pages

The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.

Read More
481 Words | 2 Pages

In Katz v. United States, Charles Kats used a public telephone to phone-in illegal gambling bets. However, while placing these bets, Katz did not realize that the government was listening to his conversation. The FBI could listen to Katz place illegal bets because the agency tapped that specific phone. Following the recorded conversations, Katz was arrested and immediately taken into custody by the FBI. In response to the arrest, Charles Katz said the police had violated his rights as an American citizen; he claimed the FBI disrupted his right of privacy.

Read More

More about Case Study On Riley Vs California

Related Topics

Open Document