Topic: Issue, Rule, Analysis, Conclusion (IRAC)

Paper details:

Using IRAC: identify the Issue, decide what Rule (law) you need to decide that Issue, apply the Rule to your facts (the Analysis) and reach a Conclusion, either agreeing with the court of not, as you choose for the attached case.

Example of format  for better understanding.

Issue:

Can the police, without a warrant, search digital information on a cell phone from an individual who has been arrested?

Rule:

The police cannot, without a warrant, search digital information on a cell phone of an individual who has been arrested.

Analysis:

David Riley was stopped for driving with expired registration tags.

A search revealed two concealed and loaded firearms.

Riley’s confiscated smartphone contained gang related information and photograph of Riley  in front of a car that was suspected to be involved in a shooting.

Riley was charged with the earlier shooting, firing at an occupied vehicle, assault with a semiautomatic weapon and attempted murder.

He was convicted of all charges and was sentenced to 15 years in prison.

Riley moved to suppress the evidence the police obtained from his phone prior to trail alleging the information obtained from his phone was an unconstitutional search violation of the fourth amendment.

The Supreme Court granted certiorari to hear the case.

Conclusion:

The U.S. Supreme Court states that police cannot, without a warrant, search digital information on a cell phone of an individual who has been arrested.

I agree with the court decisions with acquiring a valid warrant before searching an arrestee’s private information on their cell phone.

 


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