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Riley doesn't apply here. Riley dealt with the search incident to arrest exception to the warrant requirement under the Fourth Amendment. In this Microsoft ca
by pattisapu 12y ago
Riley doesn't apply here.
Riley dealt with the search incident to arrest exception to the warrant requirement under the Fourth Amendment.
In this Microsoft case, law enforcement had a warrant.
- rayiner 12y agoIs it a warrant? They say its a "hybrid."
- pattisapu 12y agoWeird. What's a hybrid warrant? Anyway I think your points are well taken in comparing the cases' concepts of the data, property rights, privacy, etc. I just wanted to clarify that the problem in this case does not appear to be one of constitutional law, as in Riley, but rather international law. But please correct me if I'm wrong.
- rayiner 12y agoNo, you're right, that's the bigger aspect. Brad Smith mentioned Riley in an earlier press release about the case, so I imagine it figures into their argument to some extent too.