Should Cell Phones Be Enforced With Mobile Devices?

Riley v. California is a Supreme Court case that pertains to the Fourth Amendment; specifically, the privacy clause. This case was decided by the Court in 2014 with a unanimous decision for Riley. It came to the Court after the petitioner, Riley, was stopped for a traffic violation and then arrested on a weapons charge. The arresting officer proceeded to search Riley and removed a cell phone from his pocket. After accessing the phone the officer found evidence of gang related activity. The officer took Riley back to the station and a detective that specialized in gang related crime went through the phone and found multiple pictures and videos pertaining to a shooting a few weeks prior. They sought to enhance the charges due to the evidence found on his phone that connected him to the gangs. Riley moved to suppress the evidence that was discovered on his phone; the trial court denied the motion and the Court of Appeals affirmed. A number of interests groups appeared as amici in this case including: EPIC, American Civil Liberties Union, Cato Institute, DKT Liberty Project, Constitutional Accountability Center amongst others submitted briefs in support of the petitioner. Two groups submitted briefs in support of the respondent and those include Association of State Criminal Investigative Agencies and Arizona et al.

The Government argued the defendants’ Fourth Amendment not violated under the constitutional because the parked vehicle was at a public lot. In some States, the Government has the authority to allow police officers to search a vehicle without the necessity of warrant. “...as long as a state is deciding law based upon its interpretation of its own constitution, the state can be more restrictive than the Supreme Court. However, if the state is interpreting the 4th Amendment of the United States Constitution, then they must follow the body of law established by the United States Supreme Court”(Policelink). The Government believes the attachment of the monitoring device for search was a responsible forfeiting act. As well as wiretapping the defendants cellular to help them enforce a predominantly well prepared investigation.

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

There is a wide debate on if cell phones could testify against people. Cell phones have been around for 40 years. According to the Pew Research Center, “90% of Americans have cell phones and 60% have smart phones”. In the 40 years that phones have been around, people could be hiding things on their phones; but should that mean the authorities can go through anyone’s phone without a warrant? Police could see private stuff that people share with their loved ones, see the texts from anyone and the sender could possibly get in trouble, and they could see anyones private life stuff. The authorities should get a warrant before going through anyone's phone.

Imagine you are in the middle of your typical day-to-day activities. Maybe you are driving, spending time with family, or working. If you are like most people, your phone is at your side on a daily basis. Little do you know that, at any time, police and law enforcement could be looking at information stored on your phone. You haven’t done anything wrong. You haven’t been asked for permission. You aren’t suspected of any crime.

The fourth amendment states that “persons, houses, papers, and effects” cannot be searched without a warrant. If so many people own a cell phone, wouldn’t they be no different than documents or other pieces of property that conceal private information? Cell phones contain just as much information about a person as any paper would. A cell phone is a piece of private property that one may use on an everyday basis. Mr. Riley is no different. His cell phone was his property that was searched illegally, and although he did commit crimes that were shown in his cell phone, the police still needed a warrant to search the phone. Based on the 4th amendment, I have concluded that the San Diego Police Department’s search of David Riley’s cell phone was unconstitutional and

To understand this situation I decided to look up cases that reflect on their fourth amendment being violated. The case that stood out to me the most was Mapp vs. Ohio. In 1957, police officers received an anonymous tip that Mapp was hiding a wanted man because he needed to be questioned for a bombing. Then Police officers went to Mapp’s house and wanted to search her house. She then denied them entry, because she needed to see a warrant to let them in. After some hours went by, the police officers forcibly entered her home and recalled that they received a warrant. Then they proceeded with the search and found some books, pictures, and photographs in violation of 2905.34 of Ohio's Revised Code. Then during her court trial she appealed her sentence, because they did not receive a valid search warrant and the police officers violated her rights. Even though they found her having possessions that were illegal, they could not hold it against her. The issues with search and seizure are usually towards the issue of violating our rights. One of the rights that we are getting violated is the right if privacy. It is the interest in being free from observation that matters to us, because they always try to know what people are saying and or doing without probable cause.

The Fourth Amendment of the United States Constitution protects every individual’s personal privacy, and every person’s right to be free from unwarranted government intrusion in their homes, businesses and property, regardless of whether it is through police stops and checks or the search of their homes. In the context of Mr. Smith’s Arrest, he was arrested without a warrant of arrest and there was a search, which was conducted by a private citizen on his premises without a search warrant, the courts upheld his arrest and subsequent conviction thus implying that all due process was followed before reaching at the verdict. The constitutionality of search and arrest without a warrant was challenged in the case of PayTon v. Newyork, (1980) (Payton v. New York | Casebriefs, 2017).

The Court faced the question of whether the search of Riley’s cell phone violated his Fourth Amendment rights to be secure against unreasonable searches and seizures.

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

On his website, a Utah DUI Attorney, David Rosenbloom speaks about violations of the Fourth Amendment.  He states that police officers “pay little attention to the fourth amendment… [because] it is not a self-enforcing right, such as the freedom of speech” (Rosenbloom).  In short, if a citizen believes his or her rights were violated and they were illegally searched/things were seized from them, they must “ask a court to examine the case and apply the fourth

The precise definition for the term “search” does not exist under current federal law. “The supreme court first defined a search in terms of whether a physical invasion occurred in a constitutionally protected area.” Does the warrantless search and seizure of cellphone records violate the Fourth Amendment? The 4th amendment is an important bill of right for citizens but unfortunately its drawback is prominent in that it promotes crime, puts society’s safety at risk and makes police job complicated at the expense of extreme privacy.

The right of the people to be secure in their persons, 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.

According to the Verdict, David Riley was stopped by a police officer for a traffic violation. When they stopped him, they found out that he had his license suspended and his car was impounded. When they found out that the vehicle was impounded, they searched his car and discovered two handguns. Police

The Fourth Amendment to the U.S. Constitution 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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at