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SCOTUS: Riley v. California - Cops Must Get Warrant to Search Cell Phone

Discussion in 'Off Topic' started by RicInOR, Jun 25, 2014.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Unanimous.

    http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

    Expect more later.


    In No. 13–132, petitioner Riley was stopped for a traffic violation,which eventually led to his arrest on weapons charges. An officer searching Riley incident to the arrest seized a cell phone from Riley’spants pocket. The officer accessed information on the phone and noticed the repeated use of a term associated with a street gang. At the police station two hours later, a detective specializing in gangs further examined the phone’s digital contents. Based in part on photographs and videos that the detective found, the State charged Riley in connection with a shooting that had occurred a few weeks earlier and sought an enhanced sentence based on Riley’s gang membership.Riley moved to suppress all evidence that the police had obtained from his cell phone. The trial court denied the motion, and Riley was convicted. The California Court of Appeal affirmed.

    Be sure to read this too - especially if you are a LEO - I know you'll get training on it .... someday, real soon now.
    http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/25/the-significance-of-riley/




    (as this is not gun specific, I put this "legal" post in Off Topic)
     
  2. BAMCIS

    BAMCIS Eugene Well-Known Member

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    Aw damn..... That pesky Constitution got in the government's way again. Even though this guy is undoubtedly a dirtbag, this is a big "win" for the Constitution.

    I understand why you put this thread here, but I respectfully disagree.

    I don't know about others, but I have on my smart phone an app with an inventory, complete with pictures of all my guns. Comes in very handy when I'm say at the LGS or gun show. And the government has no business looking through this if I'm arrested, especially on an unrelated charge (like DUII).

    Not to mention the cops would probably laugh their asses off if they looked at my times in my shot timer app. :s0114:

    Alright, I know that's a stretch. But this does apply to firearms and so many other things.
     
  3. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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  4. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Another follow up - by Glen Reynolds, a Law Professor and AKA The BlogFather: Instapundit.

    http://www.popularmechanics.com/tec...-into-the-21st-century-16927207?click=pm_news



    "If police could search phones without a warrant, then what's to stop them from rifling through our phones on the flimsiest of pretexts—an arrest for jaywalking, say, or spitting on the sidewalk? They could then drop the charges and keep the data. The new warrant requirement means that such efforts will be subject to judicial supervision. "




    Same for other electronic devices, like your GPS in the car.

    See you leaving a gun store / range, pull you over on something, say they smell drugs, arrest you get the places you go - possibly friends and family - then drop charges after the detail search of your car does not turn up drugs. Oh wait. over 90% of all US currency tests positive for drug residue - got to love that Zero Tolerance. Are you certain you never stepped on a rock of crack, or a leaf/bud of pot and had it fall off on the floor of your car.

    I know- but it isn't paranoia if people really are out to get you.

    And it is not like a government might use some branch to target individuals for political reasons. Now where are my emails? (just the latest in a long, long history of this behaviour)
     
  5. BAMCIS

    BAMCIS Eugene Well-Known Member

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    Good point. I wonder if this ruling would cover that?
     
  6. solv3nt

    solv3nt Portland Well-Known Member

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    I'm surprised they haven't locked this thread already.
     
  7. Sstrand

    Sstrand La Grande OR Well-Known Member

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    Solv
    This discussion DOES have a bearing on your guns and the government's move against the 2nd Amendment!!!!

    Sheldon
     
    BAMCIS likes this.