N.D.Cal.: Riley doesn’t require SW for parole search of cell phone

Riley doesn’t apply to a parole search of a cell phone because of the defendant waiving his Fourth Amendment rights by accepting parole. United States v. Johnson, 2015 U.S. Dist. LEXIS 106925 (N.D.Cal. August 13, 2015).

Even though the patdown of the occupants of the vehicle did not reveal a weapon, the subsequent actions of the driver suggested that there might be a weapon in the car, and that justified a frisk of the car. Commonwealth v. Douglas, 2015 Mass. LEXIS 613 (August 14, 2015).*

An inventory was justified. “The testimony at the evidentiary hearing was that Defendant did not have a driver’s license and there was no one else in the car that was licensed to drive.” United States v. Robinson, 2015 U.S. Dist. LEXIS 108986 (N.D.Ga. August 18, 2015).*

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