Question: Case 8 . 4 U . S . SUPREME COURT CASE Search of Cell PhonesRiley v . California 1 3 4 S . Ct .
Case US SUPREME COURT CASE Search of Cell PhonesRiley v California SCt US Lexis Supreme Court of the United StatesOur answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simpleget a warrant.Roberts, Chief JusticeFactsDavid Riley was stopped for driving with expired registration tags. A search of the car turned up two concealed and loaded firearms. The police confiscated Rileys smartphone and went through it and found gangrelated information and a photograph of Riley in front of a car they suspected to be involved in a shooting a few weeks earlier. Based on the information retrieved from the cell phone, Riley was charged with that earlier shooting, with firing at an occupied vehicle, assault with a semiautomatic weapon, and attempted murder. Riley was convicted of all charges and was sentenced to years in prison. Prior to trial, Riley moved to suppress the evidence the police obtained from his cell phone, alleging that the information obtained from his phone was the fruit of an unconstitutional search in violation of the Fourth Amendment. The court denied Rileys request. After appeal, the US Supreme Court granted certiorari to hear the case.IssueCan the police, without a warrant, search digital information on a cell phone from an individual who has been arrested?Language of the US Supreme CourtCourts have approved searches of a variety of personal items carried by an arrestee eg billfolds, address books, wallets, and purses Cell phones differ in both a quantitative and qualitative sense from other objects that might be kept on an arrestees person. Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simpleget a warrant.DecisionThe US Supreme Court held that police cannot, without a warrant, search digital information on a cell phone of an individual who has been arrested.Critical Legal Thinking QuestionsDoes the Supreme Courts decision protect privacy rights? Did the Supreme Court justices evidence an understanding of the digital world in their opinion? In most cases, can the police get a warrant to search a suspects cell phone?
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