Warrantless Search

Our current body of search law is the ongoing process of the communication of legislation, case law, and Constitutional law. “The Fourth Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Taylor, Fritsch, & Liederbach2015). Numerous question is still raised on the specific details occurring in the searches and seizures of digital evidence. Overall, the questions focus on whether or not an activity is a "search" and whether a search is "reasonable."

The general rule is that searches must be conducted in accordance with the law. As a matter of fact, most searched done by law enforcement officers are done without a warrant, also known as “warrantless searches”. It is best to error on the side of caution when applying real world correlations dealing with electronics. If law enforcement officers believe they have a legitimate exception for a search, it is best to obtain a warrant. However, law enforcement officers may need to seize the evidence in question so that the evidence cannot be destroyed or altered.
Another valuable search by law enforcement is the Stop and Frisk. Law enforcement officers have the right to protect themselves during brief interviews with citizens. A frisk is a limited pat down of the outer clothing that can occur to an individual when reasonable suspicion is suspected. Under the stop and frisk doctrine, law enforcement officers are looking for weapons. However, it is possible to identify potential sources of digital evidence during the interview. If probable cause exists to believe the digital source is evidence of a crime, then further analysis should be halted while obtaining a

The shooters then used Riley’s Oldsmobile vehicle as a get away car. On August 22, 2009, Riley was pulled over by police while he was driving a different vehicle with expired license plates, along with Riley’s suspended drivers license. Law enforcement policy required that the vehicle be impounded. During an inventory search of the vehicle prior to being impounded, law enforcement officers located two guns and arrested Riley for possession of firearm. During Riley’s arraignment, officer seized and analyzed Riley’s cell phone. A gang unit detective investigated photos and videos on Riley’s phone and found Riley making gang signs and also found other gang paraphernalia as well as gang affiliation stored on the cell phone. Riley was later tied to the August 2nd shooting via ballistics tests. Separate charges were brought against Riley, who was charged with shooting at an occupied vehicle, attempted murder, and assault with a semi-automatic