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David Riley who is an alleged member of the Lincoln Park gang was parked in a San Diego neighborhood with his girlfriend and three other men. One of the members drove through the nearby intersection and the three men near Riley's car fired multiple shots.
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David Riley was pulled over for driving on expired license registration tags. The police located two guns and arrested Riley for possssion of the firearms. Riley had a cell phone in his pocket when he was arrested and rumaged into his phone and found photographs of Riley making gang signs.
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Suspicions arosed and the police seized and searched Riley's smart phone without a warrant uncovering further evidence of gang ties.
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The court declined to extend the "search incident to arrest" exception and held instead that officers must generally secure a warrant becfore conducting a search.
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The police found records that placed Riley's phone at a shooting three weeks earlier
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This court case resulted in the Forth Amendment might not be able to protect privacy as much in the future
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The Supreme Court case decided that the warrntless search and seizure of digital contents of a cell phone during an arrest is unconsitutional.
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Riley was convicted of assault with a semiautomatic firearm, shooting at an occupied vehicle and attempted murder.
