Overview of the Fourth Amendment

“The right of the people be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,shall not be violated, and no warrant 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.” The fourth amendment protects the people of the United States against unreasonable stops and searches by the US government. A search occurs when the government looks for anything in the area where a person has an expectation of privacy that a society considers reasonable. However, the government is allowed to make a more invasive search if they are required to have tons of evidence.

Officers are allowed to search a person or his property if they have a probable cause or warrant to allow them to do so. In the court case, Riley V. California, the issue was the fact that there was a warrantless search of a suspect’s smartphone which led to the arrest and imprisonment of David Riley. Riley was arrested due to some missing evidence that connected him to a previous gang shooting.The reason this case went to the supreme court was because of the way the police acquired the evidence.

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The police acquired the evidence was when Riley got his car impounded for driving with expired tags. When the police impounded the car they found 2 firearms and a cell phone. This cell phone was the phone that ultimately sent Riley to jail. On the cell phone, there were pictures that ultimately placed Riley at the scene of a crime of a shooting. The police never got a warrant or permission to check any of this evidence but did so anyways. Riley was charged with the shootings and got jail time.

Due to the evidence being acquired illegally, his lawyer asked to throw out the evidence due to it being acquired illegally. In the courtroom, they ruled that the evidence was acquired legally. This was later appealed to the U.

S. Supreme Court.Th…