COMM 421 Lecture Notes - Lecture 6: Case Government, Arraignment
Document Summary
Procedural history: where when who why, what was the original ruling, was that appealed, what did the first, op. 4th amendment case government cannot conduct unreasonable search and seizure without a warrant supported by probable cause. In favor of riley police cannot search, without a warrant, digital information on a cellphone seized from an individual who has been arrested. Smith v. maryland: smith commits burglary to woman and woman receives weird phone calls. Police put pen registry to trace origin of the calls. Appeals and said it is illegal search and seizure. Fourth amendment only applies when you have reasonable expectation of privacy: when police seize items illegally in violation of 4th amendment. You can bring that to the trial and exclude the evidence from the trial: phone records are not going to be private government can access phone records because we voluntarily gave that to the phone company.
