In the case of Riley V. California, Mr. Riley was stopped on a traffic violation, which led to his arrest on weapons charges. The officer searching Riley’s incident to arrest seized a cell phone form Riley’s possession. There was information on the phone and repeated use of a term associated with a street gang. Hours later a gang detective examined the phone’s digital contents and based in part on photographs and videos found, the State charged Riley in connection with a shooting that occurred a few weeks earlier. They sought an enhanced sentence based on Riley’s gang membership. He was ultimately charged with connection to an earlier shooting, firing at an occupied vehicle, assault with a semiautomatic firearm, and attempted murder. Riley …show more content…
With this question, privacy v. safety concerns came up. With this concern, The Petitioner, Riley and his lawyers, argued that smart phones simply contain too much personal information to be legally searched by police without a warrant. Many argues that smart phones reveal the most private thoughts of the average American, containing extensive records of the book read, websites visited, and conversations with friends and family of the owner. They also argue that constitutional protections will be surrendered if police can search the smart phone of every American arrested without a warrant. The Petitioner further contend that smart phones are every bit as sophisticated as personal computers and need to be treated as such and can be through of as a window into the owner’s mind. Something so personal and extensive cannot be allowed to be confiscated and searched during routine police procedures that do not require a warrant. On the other hand, the Respondent, the State of California, asserts that it is necessary for police officers to confiscate cell phones without warrants because they pose a significant threat to officers’ safety. They points to the possibility of devices being rigged to detonate explosives, when a specific action