Tagged fourth amendment

Riley v. California: A Reply

By Jake Laperruque Editor’s note: Jake is responding to the original version of our second post on Riley v. California.  In my opinion, this post’s critique of the Riley decision is wrong for several reasons: First, it complains that the Court did not draw an impossible distinction. There is no realistic way to make a…

Unfortunately, Resolving Wurie Perfunctorily may Weaken Riley

By Noah Marks Part 2 in a 2-part series Editor’s note: At the author’s request, this post has been revised substantially since its original posting to more clearly express the author’s intent.  Earlier today, the Supreme Court issued an opinion covering both Riley v. California and United States v. Wurie, holding that police must obtain a warrant…

The Fourth Amendment for the 21st Century

By Daniel Bogdan Part 1 in a 2-part series Editor’s note: At the request of the author, the title has been changed since the original publication of this post. Today, in Riley v. California, the Supreme Court held that law enforcement officers may not search an arrested person’s cellphone incident to arrest without a warrant.  Ruling…

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