San Diego Gangbanger David Riley at Center of Supreme Court's Smartphone Privacy Ruling — #4a

Look, even the bad mofos have rights, although the decision's not likely to help this f-ker Riley.

At the Los Angeles Times, "San Diego gang member's case focus of Supreme Court privacy ruling":

When David Riley, a 19-year-old member of San Diego's Lincoln Park gang, was arrested in August 2009 on suspicion of shooting at a rival gang member, it received little or no public notice.

The same was true when Riley's first trial ended in a hung jury, and when he was convicted at a second trial of attempted murder and other charges, and sentenced to 15 years to life in prison.

But now Riley's name has assumed national legal prominence as one of two cases that led to Wednesday's U.S. Supreme Court decision that extended privacy rights to cellphones, a sweeping ruling for the digital age when information about a person's entire life can be stored in a mobile device.

"We got everything we wanted," said Stanford law professor Jeffrey Fisher, who was part of the team that argued the case at the U.S. Supreme Court.

The court ruled 9 to 0 that police acted improperly when they seized Riley's smartphone without a warrant and discovered evidence used at his trial linking him to the gang and the shooting.

The decision does not free Riley from prison, but it could allow his attorneys to seek a new trial on grounds that the original trial was "tainted" because of the phone information, Fisher said.

In upholding Riley's conviction in 2013, a California appeals court said that cellular phone information was akin to things pulled out of a defendant's pocket during a post-arrest search and thus did not merit special protection.

Legal analysts said Wednesday's ruling would clearly apply to defendants whose cases are still pending in the courts, but may not help those, like Riley, whose convictions are already final.

"There probably will be a good deal of litigation over whether this decision can be applied retroactively," said Dennis Riordan, an appellate criminal defense lawyer based in San Francisco.

Charles M. Sevilla, a San Diego appellate criminal defense lawyer, said those defendants whose convictions are final will face "an uphill battle" in trying to persuade courts to reexamine their cases.

But the complications are unlikely to stop lawyers from trying...

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