High court could weigh in on cellphone searches

Published: Thursday, January 16, 2014 at 6:51 p.m.
Last Modified: Thursday, January 16, 2014 at 6:51 p.m.










Car searches pose a somewhat different issue and in 2009, in the case of a suspect who had been handcuffed and placed in the back seat of a police cruiser, the court said police may search a car only if the arrestee "is within reaching distance of the passenger compartment" or they believe the car contains evidence relevant to the crime for which the person had been arrested.


The California case may attract the court's attention because it involves a more extensive search of a smartphone.

Things quickly went from bad to worse for Fisher's client, David Leon Riley, when a San Diego police officer pulled over Riley's Lexus for having an expired registration. In quick succession, police learned Riley's license was suspended, decided to impound the car and found loaded guns under its hood. Riley was arrested.

An officer looking at Riley's Samsung smartphone saw that some words normally beginning with the letter K were preceded by the letter C. Police say the notation CK signifies "Crip Killers," a slang term for members of a gang known as the "Bloods."

Hours later at a San Diego police station, a detective examined the phone more closely, finding videos and pictures providing more evidence of Riley's gang affiliation, including one showing he may have been involved in a gang-related shooting. A photograph showed Riley posing in front of a red Oldsmobile police suspected was used to flee the scene of a shooting. It turned out Riley owned the red car, and tests confirmed that the guns seized from the Lexus were used in the shooting.

Indicted for attempted murder and other charges, Riley was convicted and sentenced to a term of 15 years to life in prison. At no time did police seek a warrant to search his smartphone.






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