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AG Opinon – What effect does Riley v. California have on conduct of a warrantless search of a driver’s cell phone?

The conclusion in the matter is, under Riley, a law enforcement officer’s warrantless search of a driver’s cell phone in order to determine if a driver has been operating a motor vehicle in violation of the §46.2-1078.1 of the Code of Virginia would violate the Fourth Amendment of the U.S. Constitution. For full details, please read the February 6, 2015 opinion.

Attorney General (AG) opinions do not create or change existing laws but represent an analysis of existing law and represent the Attorney General’s legal advice. This advice is based on the existing laws regardless of their personal views.

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