David Riley Case

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On August 2, 2009 around 2:30 p.m., David Riley, an alleged member of the Lincoln Park gang, was parked in a San Diego neighborhood with his girlfriend and three other men. When a member of a rival gang, Mr. Webster, drove through the nearby intersection, the three men near Riley’s car fired multiple shots into Mr. Webster’s car. After Mr. Webster’s car crashed, the three nearby shooters got into Riley’s car, an Oldsmobile, and drove away. Eyewitnesses to the shooting claimed that Riley could have been one of the shooters but declined to give a definitive positive identification of Riley as one of the shooters. Police found Riley’s Oldsmobile in a known Lincoln Park gang area the next day almost completely hidden. When Riley was pulled over on August 22, 2009 for expired registrations tags in his second car, a Lexus, San Diego Police Officer Dunnigan also found that Riley was driving with a suspended driver’s license. The San Diego Police Department’s policy is to tow and impound a vehicle after stopping a driver with a suspended license in order to prevent the driver from driving again. Additionally, policy dictates that the police must perform an inventory search of the vehicle, which in this case led to the discovery of two handguns that, through ballistic …show more content…

Search of the cell phone yielded information indicating that Riley was a member of the Lincoln Park gang; evidence included pictures, cell phone contacts, texts messages, and video clips. Included in the photos was a picture of the Oldsmobile involved in the shooting of Mr. Webster. The Petitioner moved to suppress the cell phone evidence at the trial level, but the judge permitted this evidence in both the first trial and on retrial. Ultimately, Riley was convicted on three charges and the California Court of Appeal affirmed the

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