Riley and Beyond: The Implications of Riley v. California and the Fourth Amendment

On June 25, in Riley v. California, a unanimous Supreme Court held that a police officer could not review the content of a cell phone incident to an arrest absent a search warrant or exigent circumstances. What implications, if any, does Riley have surrounding the application of the Fourth Amendment to other sources of electronically stored information (ESI)? What have been new developments in the case law involving the Fourth Amendment and ESI? How has the Fifth Amendment been implicated by the encryption of ESI?

Anyone involved in the investigation, prosecution and defense of criminal activity must be familiar with and understand the constitutional dimensions of ESI. This program will introduce attendees to Riley and how its logic might be applicable in the future and will inform attendees on the latest case law on constitutional aspects of ESI in investigation, prosecution, and defense. The information presented will also bear directly on the competence of attorneys and effective assistance of counsel.

Justin Murphy is a panelist.