David Luke Rocco is not an innocent man; his guilt has been proven beyond a reasonable doubt from the evidence presented at his prior trial. If it is known that law enforcement was, in fact, correct in searching this evidence, why should they be penalized for continuing with these searches? The plaintiff was stopped and arrested under the terms of a legitimate and current offense. What reasons do we have to deny law enforcement a search for further contraband/or crimes? Not only was the cell phone in the plaintiff’s possession at the time of the crime, but it was also unlocked allowing anyone access to the phone. The law enforcement, at the time, had reason to believe that immediate danger could come to them through this cell phone (what if he had texted a detonation or an attack). Should we excuse the evidence merely because it was found as general offenses rather than the specific intended offenses?
Statement of the Facts David Luke Rocco was a gang member who committed multiple crimes, including shooting at an occupied vehicle, attempted murder, and assault with a semi-automatic weapon. After being stopped for driving with expired license plates, his cellphone was seized and searched by the police which helped identify and convict him of these crimes. Evidence found included a photo of the plaintiff standing in front of the car he was convicted of shooting and standing near other men who were accused as accomplices to this crime, videos of the plaintiff