Expectations of Privacy and the Cellphone

Case Study – Expectations of Privacy and the Cellphone
Your Name
Subject and Section
Professor’s Name
January 30, 2019
Draft a response to EACH of the following questions. Number your answers.
1 Read the foregoing carefully. The question you are asked to argue is whether the warrantless search of the contents of Riley’s phone constitutional or unconstitutional, yes or no?
* No, the search on Riley’s device is unconstitutional. The US Supreme Court has indeed ruled out that even after an arrest, the police cannot look at the contents of the phone, only the device itself.
1 Identify the facts that are relevant to your position.
1 The detective testified that he went through Riley’s phone looking for evidence; Riley did not give consent to the search of his phone
2 Identify the facts that are not are not relevant to your position.
2 The Police legally took the phone; The phone was a smart phone; the smartphone’s capability (e.g., advanced computing capability); the officer was able to open the phone, perhaps due to the absence of a required password; there were a lot of stuff on Riley’s phone