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Investigators went through a similar change last year, when the Supreme Court ruled that search warrants were needed to draw blood from DUI suspects. But now such searches will be more limited in scope, Barletta said, and because a judge has approved them, the searches will be harder for defense lawyers to challenge. Throughout the county, the change was being disseminated to the ranks in training bulletins and lineup talks. The opinion is based on an appeal from David Riley, who was pulled over for expired tags in August A San Diego police officer found two guns hidden in the engine compartment of his Lexus.
A gang officer who took a deeper look found photos of a red Oldsmobile suspected of being used in a shooting in Skyline. No one had been hit, but the shots caused a car to crash. The first jury deadlocked but a second jury found him guilty of attempted murder and other charges. His trial attorney, Edward Kinsey, argued unsuccessfully at the time that the cellphone search was unconstitutional. Riley, 23, is serving a sentence of 15 years to life, a term made longer by the gang involvement. His cellblock at Kern Valley State Prison in central California was on lockdown Wednesday morning and he was not allowed phone access.
The opinion sends the case back to the state appeals court, which will likely hold a hearing to determine if the cellphone evidence affected the case. Or the evidence could be determined to have been prejudicial to the entire case, and the conviction would be vacated. He was sentenced to 22 years in prison.
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The justices this term have favored law enforcement in other Fourth Amendment cases, including one that allows police to use anonymous tips to make traffic stops and another that allows a roommate to authorize a police search. The court has been somewhat reluctant to issue sweeping rulings on the intersection of technology and the law. Arguments: Justices wary of unlimited cellphone searches. Overview: Do cops need warrant to search phone? Document: Petition to Supreme Court.
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If the warrant expires, it may be reissued as long as the judge still believes there is probable cause to support it. All property or things seized on a warrant must be retained by the officer in his custody, subject to the order of the court. Any lawfully seized evidence may be used against you in a criminal case. If that motion is granted by the judge, the evidence will not be allowed to be used in court against you.
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