Court Cases Dealing with the Fourth Amendment

675 Words2 Pages

The Fourth Amendment 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." (Cornell). On January 17, 2014, the United States Supreme Court announced that it would hear two cases that deal with the 4th Amendment, Riley v. California and United States v. Wurie. Both of the cases concern whether or not an arrest is lawful if the evidence is gained by a searching of the cell phone, before the arrest. Each case is significant and involves the Fourth Amendment. David Leon Riley was the appellant in the Riley v. California case. Riley was in a gang in San Diego, California. "He was involved in an August 2, 2009 shooting of a rival gang member. On August 22, 2009, Riley was stopped by police while driving another car for expired registration tags. Police decided to impound the vehicle and found loaded guns during a standard inventory check. Riley was arrested and his cell phone was searched incident to arrest. Police discovered information related to Riley's membership in gangs and of other gang members." (Electronic Privacy Information Center). The court went on to find David Riley guilty and that the search of his cell phone was lawful under the case People v. Diaz. The litigants in the case were the people and sheriff as the plaintiff and David Leon Riley as the defendant. Brima Wurie was the appellant in the United States v. Wurie case. Brima Wurie was arrested in 2007 for the distribution of crack cocaine. He was taken to jail and his cell phone... ... middle of paper ... ...nce. I think that goes completely against the 4th Amendment. I believe that it was an invasion of privacy and the evidence found through the cell phones should not have been allowed in court. "Many people have no idea how much data their cell phones collect about them. Phones, for example, report back to the carriers as to where the users are at any given time -- in some cases even when the phone is not in use. When you carry a cell phone, you are ''essentially carrying a tracking device,'' says Jennifer Granick, the civil liberties director of the Electronic Frontier Foundation." (New York Times). I think that the government is deciding that they will do as they please and that people need to be more careful about what they have on their cell phones. In conclusion, I think that the civil liberties of both defendants were broken and they were wrongfully imprisoned.

More about Court Cases Dealing with the Fourth Amendment

Open Document