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Effects of technology on the criminal justice system
Cell phone privacy infringements
The Role of Evidence in the Criminal Justice System
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Riley vs. California is a recent court case that has redefined cell phone privacy in criminal cases. Decided by the Supreme Court in 2014, it states that cell phones may not be searched without a warrant. Because this decision protects the privacy of arrestees, the judicial process, the trustworthiness of police officers, and does not hinder pending investigations, I support the Supreme Court’s decision. In 2013, David Riley was pulled over for a traffic stop and subsequently arrested for weapons charges. The officer recovered a cellphone, and upon accessing information stored inside, noticed information regarding a gang. At the station several hours later, detectives further searched Riley’s phone and connected him to a shooting that had occurred …show more content…
Const. amend. IV). While a previous case, United States v. Robinson, holds that an officer may subject the arrested to a warrantless search if suspecting a danger or threat, digital information on a cell phone cannot directly cause physical harm. Additionally, cell phones contain massive amounts of information regarding a person’s life, including photographs, documents, personal details, and so forth. Though an arrestee has fewer privacy rights, going through his or her cell phone is “‘materially indistinguishable’ from searching physical items” (“Riley vs. California”, 2014). Finally, although information regarding a case can be erased remotely from a cell phone’s memory, the threat (in this particular case) was not prevalent and could therefore be ignored. The Supreme Court’s conclusion can be summarized in Chief Justice John Roberts’ statement: the “answer to the question of what police must do before searching a cellphone seized incident to an arrest is . . . simple — get a warrant” (“Riley vs. California,
In July 2003, Sheriff’s Deputy Todd Shanks of Multnomah County Oregon was performing a routine traffic stop on a vehicle driven by William Barrett. During this stop, Shanks arrested Barrett because of an outstanding warrant and then searched the car. A pressure-cooker found in the trunk was believed to be used in the making of methamphetamine. Barrett informed Shanks that the owner of the pressure-cooker was “Gunner Crapser,” and that he could be found at the Econolodge Motel in a room registered to a woman named Summer Twilligear (FindLaw, 2007, Factual and Procedural Background section, para. 2). Deputy Shanks quickly learned that there was an outstanding warrant for a “Gunner Crapser” but to not confuse the wanted man, whose name was not actually “Gunner Crapser,” with someone else using this name.
In Tulia, TX, a five hour drive from Dallas, 46 people were swept up in an early morning drug sting in July of 1999. Thirty-nine of the suspects were black in that tiny, predominantly white town. They represented roughly 20% of the town’s adult black population. The drug sting was the culmination of an 18 month undercover investigation by a narcotics agent, Tom Coleman. He had been hired as part of a federal anti-drug program funded by the U.S. Department of Justice, Byrne grant. The local newspapers labelled these suspects as “scumbags” and, based upon a tip from the local authorities, captured video footage of the perp walk as these people were paraded disheveled in their underwear to jail. As a result of such a high profile bust, Coleman was recognized as the Texas Lawman of the Year by the state’s Attorney General in
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
Established in 1968, the medical school at the University of California implemented a special admissions program to increase the representation of minorities in each entering class. There was one underlying problem with their special admissions program that was not addressed until 1973 when Allan Bakke submitted his application to the University of California.
There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.
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).
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
In the case, Carpenter v. United States, the question is posed whether the US Government needs to obtain a search warrant before collecting incriminating location information from a cell phone company. Timothy Carpenter was suspected of participating in numerous armed robberies. Therefore, the FBI showed a judge that the records they wanted were related to a criminal investigation, and they received records about Carpenter’s cell phone from his wireless phone company. The records included information about which cell phone towers Carpenter’s phone pinged off of and the call logs. These facts were then presented in Carpenter’s trial, where he was convicted of participating in and organizing nine armed robberies. The FBI is not wrong for using
In the cases of Riley v. California and United States v. Wurie, the Justices looked at whether police need to obtain a warrant to search the content of a cell phone that is seized from a person who is arrested. In Riley, the defendant was...
Micek, John L. “Is your cellphone protected by the 4th Amendment? Maybe not: What do you think?”The Patriot-News. (29 Apr. 2014).Web. 29 Apr. 2014
Obergefell v. Hodges was a landmark decision that deemed same-sex marriage a constitutionally guaranteed right. If I was a justice on the Supreme Court during the Obergefell v. Hodges case, I would have agreed with the majority opinion. Justice Kennedy wrote the majority opinion and the following statement summarizes the court’s decision, “Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.”
A current event that vaguely mirrors police misconduct and the racial prejudice in similar traffic stops like Cameron and Christian by Officer Ryan is the “arrest of Raymond Wiley, a 66-year-old black man”, on Friday morning when he “was stopped by a police officer and ultimately arrested” as he was taking a walk about four blocks from his house, wearing a pair of gloves to pick up any recyclables in his path as he is a scrapper and travels to automobile shops to collect spare pieces of metal for sale (Winkley). He was also “carrying a shortened cane with duct tape” for protection against unleashed dogs he’s encountered previously. According to police officials, an officer spotted Wiley and suspected he was casing nearby vehicles(Winkley). When stopped and searched, the officer found his car keys (which police officials claim could be utilized to break into vehicles) as well as $2,500 in cash. Wiley was soon arrested on suspicion of two felony charges: possession of a baton as well as burglary tools. His lawyer claims the only thing “Wiley is guilty of being black and living in Encanto”(Winkley). The original article, published by the San Diego Union Tribune appears to have no underlying biases, as it gives both sides a platform to tell their story and remains neutral throughout the
The technology that America has today may not operate like the infamous telescreens “with its never-sleeping ear”(30), but America’s technology is not so different from them. Throughout the turn of the century, cellphones have become a necessity to the public. In the hands of everyone is a device to stay connected and communicate, but what people do not realize is the fact that these devices are a way for the government to tap into their daily lives. Technology companies are linked to the government to keep tabs not only on criminals but everyone in America.
The decision is particularly important because it reversed a district court decision that had held reasonable suspicion was required for border searches of laptop computers (United States v. Arnold, (9th Cir. 2008)). In United States v. Cotterman (9th Cir. 2013) held that border agents needed to have reasonable suspicion before they could conduct a “forensic” search of the defendant’s laptop. “This is the first time a court has placed a limit on the government's ability to search an electronic device at the border”