Read brief the case and listen to the Supreme Court argument in
Riley v. California, 573 U.S. ___ (2014)(pp. 420-428)
You can listen it to it here (relax, its only about an hour but its very interesting)
https://www.supremecourt.gov/oral_arguments/audio/2013/13-132 (Links to an external site.)
(Links to an external site.)
Attached to your brief, you should answer the following questions:
1)What concerns did the Justices have in not allowing the search of a smartphone without a warrant?
2)What concerns did the Justices have in allowing the search of smartphone without a warrant?
3)Identify a question or concept raised by the Justices or attorneys arguing the case that you did not consider beforehand- whether or not it changed your mind, it at least made you think about the competing interests in the case (officer safety/right to privacy, 4th Amendment concerns, etc.)
4)Considering that cell phones were about 230 years off at the time the Bill of Rights was ratified, in your opinion, does the 4th Amendment allow us to answer this question? (consider- Originalist v. Living Constitution). Do we need to add something to the 4th Amendment or can we come to a conclusion without changing the Constitution?
In addition to your brief in Riley, you should answer the above questions- a good estimate would be 2-3 pages. It will count for your participation/assignments grade.
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