Riley Vs California Case Study

Tamika Paton
5/8/2015
CJ4700
Professor Segars

In today’s generation technology has enhanced tremendously. As the enhancement populated, the protection for technology has gone unseen. In the United States, the legal right of privacy to electronic communications is under the Fourth Amendment of the Bill of Rights, which 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."
When electronic communications first became known in the early 20th century, law enforcement agencies began to use wiretapping in their investigations without obtaining the warrants required for a physical search. The resulting convictions led to court appeals before the United States Congress which considered the question of electronic privacy protection. …show more content…
Another highly sought question is when exigency circumstances is lawful in order to search a person’s belongings. In a recent case, Riley v. California (2014) upheld their original verdict and sentenced Riley to life in prison on charges of possession of a handgun, a murder and gang affiliation which was concluded through the search of his cellular device. The original verdict from the state of California and the appellate division made it very controversial because of cases like Chimel v. United States (1969) which has concluded that it is lawful for contemporaneous searches incident to arrest is lawful for seizure. The only issue with that finding and comparison to the two cases is that there was no imminent danger to search the electronic device in Riley’s

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