Cell Phone Arrest

In 2009, a man named David Riley was pulled over after the police noticed that the vehicle he was driving had an expired registration date.  However, this is not why he was apprehended soon after. Inside his vehicle, the police noticed two guns, and his cell phone containing incriminating evidence of him involved in violent gang behaviors.

Shortly after, he was brought to court and found not-guilty. The fourth amendment protects everyone’s private property rights. The police searched through his phone without a warrant and this was seen as intruding on his private property, even though the information on his phone would have sent him straight to prison. The court room unanimously voted in the defendants favor.

I personally believe that it was not an intelligent move for the police officers involved with this arrest to search the man’s phone without a warrant. The officers should have known that it was David’s property and that it was out of their power to look through his phone, even though the contents within the phone revealed the man’s true nature. “...Riley was convicted of attempted murder and sentenced to 15 years to life in prison” (14). The seriousness of the crime he was convicted of was immense. However, because the police did not have a warrant, he did not get in trouble.

“... “unreasonable searches and seizures”, but figuring out how to apply that 18th century phrase to 21st century electronic devices is challenging” (15). This is a common problem in our country today. The amendments protecting our rights as citizens were created almost 300 years ago. There were no smart phones or any other electronic devices. Times have changed tremendously since the 18th century, making it difficult to make clean-cut courtroom decisions. David should be in prison for the incriminating evidence found on his phone. However, his fourth amendment rights were violated, he was found not-guilty.   

I do agree with the court’s decision for the fate of David. Although I wish the decision went the other way because obviously he was a criminal, the police officers should have waited for a warrant to search the man’s phone first. This is a common issue with the law today. Perhaps new modern amendments should be added to the constitution of the United States of America.