JUSTICE KENNEDY delivered the opinion to the court. In 2007 Gregory Diaz was arrested in Ventura County, California, after he sold ecstasy to a police informant. After being detained and brought to the police station, where he was interrogated, Gregory Diaz’s phone was searched by deputy Fazio without a warrant. The phones text messages were found to have incriminating evidence. Upon being confronted with the evidence Mr. Diaz confessed and was charged with transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)). The defendant pled guilty but later moved to suppress the evidence and his confession. The defendant’s motion was on the grounds that searching his phone without a warrant violated his constitutional rights, set by the fourth amendment, against unlawful search and seizure. The trial court found the search to be lawful because the object was in his possession upon arrest, therefore subject to search incident to arrest, rejecting his motion. The defendant appealed to the Supreme Court of the State of California, where the trial court decision was held. The United States Supreme Court granted certiorari in the case because of conflict within lower courts, seen in U.S v. Wurie, 13-212 and Riley v. California, 13-132. The petitioner argued that cell phones searched incident to arrest was not constitutional under the fourth amendment, 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. (U.S. Const. amend. IV). ... ... middle of paper ... ...ithout a warrant. However, the court does acknowledge the fact that personal items, irrelevant to the arrest are contained within a phone, therefore a phone, wallet, diary and the like, can only be searched if it is suspected to have information regarding the present criminal accusations. The court has affirmed the Supreme Court of California’s decision (51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105). The ruling stands, an electronic storage device found on a person at the time of arrest can be searched incident to arrest, regardless of time, when it is reasonable to believe that evidence of the offense of arrest might be found on the phone, and the evidence seized from the phone is relevant to the crime of arrest. Indication of any other crime separate from the current investigation at hand cannot be used as evidence against the arrestee. It is so ordered.
Also another fact one of the justices, Justice O’Connor disagreed with the outcome of the case. She said it was called a, “Cursory Inspection” she went on saying the officers could do the search based on reasonable suspicion that the object was evidence of a criminal activity.
According to the Justice Kagan, in the case of Florida vs. Harris, “we considered how a court should determine if the “alert” of drug-detention during a traffic stop provides probable cause to search a vehicle” (Kagan).
Probable cause is a reasonable ground to believe the existence of facts warranting certain actions. Meaning, no officer can't make an arrest inside someone’s home unless they have a warrant. Officers can't establish probable cause by saying “I just had a hunch that the defendant was a burglar” or something like that. Probable cause has to come from specific facts, details and circumstances, rather than “suspicious”. The judge will not count and will dismissed the case for not having a probable cause. The officer can't conduct searches and seizures without a warrant from a judge under certain circumstances, unless the person gives their consent. To obtain a warrant, an officer needs to describe the event, place to be searched and sign as to
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
California v. Carney involves a Drug Enforcement Agency Agent, Robert Williams, who was observing respondent, Charles Carney, as he approached a youth in downtown San Diego. Having received previous information that that particular motor home was being used to exchange sex for marijuana, Williams accompanied by other agents kept the motor home under surveillance (Kamisar, LaFave, Israel, King, p 260, 2002). During the time that the agent had Carney under surveillance, he saw Carney bring the youth back to his motor home, which was parked in a lot (Kamisar, et al., p 260, 2002).
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The amendment that raises my own eye is the Search and Seizures Clause of the Fourth Amendment. Like most of the Bill of Rights, the Fourth Amendment has its origins in 17th and 18th century, English common law. Unlike the rest of the Bill of Rights, the Fourth Amendment's origins can be traced precisely it arose out of a strong public reaction to three cases from the 1760s, two decided in England and one in the colonies. Two cases from England, “Entick vs. Carrington” and “Wilkes vs. Wood”, involved plaintiffs who produced pamphlets criticizing the government. During the arresting, officials seized books and papers from the plaintiff’s property. A court agreed that the officers’ actions constituted trespassing. The third case occurred within the colonies and involved “writs of assistance,” which permitted officials to search for smuggled goods without specify which house or what goods.
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.” –U.S. Constitutional Amendments
Ohio case, the question was whether evidences obtained illegally through warrantless search can be used or not. The case focused on Mapp and how the Cleveland police illegally enter her home, look for evidences that does not exist and found something else which they decided that they can use against Mapp.
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Under the California Penal Code, officers are granted permission to search Johnson under the conditions of his probation. While acting upon this, they discovered multiple areas of the house in which controlled substances were hidden. Officers argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.
Search incident to arrest-allows the police to seize the item but cannot access the content or should not
The use of digital evidence found in mobile phones and emails are now being used in traditional crime investigation and prosecution. The United Kingdom Police and Criminal Evidence Code (currently reviewed by the (Serious Organised Crime and Police Act 2005) defines digital evidence as “all information contained in a computer”. The definition of computer here covers broad spectrum electronic appliances. A definition of Computer in the 2002 Commonwealth Model Law on Computer and Computer-related Crime defines a “Computer system” as a device or a group of inter-connected or related devices, including the Internet, one or more of which, pursuant to a program, performs automatic processing of data or any other