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Bill of Rights & Criminal Justice Week 2 Notes

by: Freddi Marsillo

Bill of Rights & Criminal Justice Week 2 Notes SOC 2146

Marketplace > George Washington University > Sociology > SOC 2146 > Bill of Rights Criminal Justice Week 2 Notes
Freddi Marsillo
GPA 3.55

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About this Document

These notes cover week 2 of class - Riley and quiz announcement
The Bill of Rights and Criminal Justice
Saltzburg, S
Class Notes
sociology, Criminal, Justice, bill, Of, rights
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This 4 page Class Notes was uploaded by Freddi Marsillo on Monday September 12, 2016. The Class Notes belongs to SOC 2146 at George Washington University taught by Saltzburg, S in Fall 2016. Since its upload, it has received 6 views. For similar materials see The Bill of Rights and Criminal Justice in Sociology at George Washington University.


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Date Created: 09/12/16
Bill of Rights & Criminal Justice – Week 2 9/12/16 1:08 PM Riley v. California (2014) (Roberts) • Riley’s car stopped with expired registration tags; officer discovers his license was suspended • Officer examined cell phone and a detective further examined it at station • Riley convicted of weapons and gang-related crimes • Wurie arrested after drug sale • At station, officers seize 2 cell phones • See calls coming in from “my house” • Call log indicates number; officers trace it to an apartment and obtain search warrant • Wurie convicted of drug and being a felon in possession • Held: Robinson strikes appropriate balance for physical objects but “a search of information on a cell phone bears little resemblance to the type of brief physical search considered in Robinson” • Rejects hypo that officers could be alerted that friends are headed to the scene • No reason to believe that remote wiping and data encryption are reasons for search o Exigent circumstances may permit search o Exigent circumstances: exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures o Exigent circumstances occur when the a law enforcement officer has a probable cause and no sufficient time to secure a warrant • Emphasizes storage capacity and privacy o Data may not even be stored on the device itself – it might be on the cloud • The court rejected Gant approach (search for evidence of crime of arrest) • Also rejected US argument that officer should be able to at least search the call log; not analogous to Smith (the pen register case) • Rejected California argument that officers could search if they could have obtained the same information from a pre-digital source Riley v. California (2014) (Alito, Concurring in Part) • Not convinced that ancient rule of search incident of the person is based on Chimel rationales (Chimel = search incident to arrest) • Really based on the need to obtain probative evidence o Probative = intending to prove • But does not see a workable alternative to the court’s approach 9/12/16 1:08 PM 9/12/16 1:08 PM


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