A recent San Jose Mercury News story includes information about a police shooting that occurred in mid-August of this year. While the shooting is still under investigation and is already receiving considerable media attention, the Mercury News reports that the case could become even more controversial if allegations regarding police conduct after the shooting turn out to be true. A witness to the incident claims that San Jose Police threatened and intimidated him to delete video footage he took of the scene.
The news source reports that these allegations are reported in an internal-affairs complaint. The man making the complaint was never placed under arrest and a warrant was never obtained that would allow the police to search images in his phone.
In the wake of the Riley v. California U.S. Supreme Court ruling, police should be aware that they are not authorized to search a suspect or a witnesses' cell phone without a warrant. Though San Jose Police have been informed of the ruling, if the allegations prove true, clearly more must be done to ensure that the Constitution and the Supreme Court's ruling are afforded the respect they deserve. This is especially true in a post-Ferguson America where police transparency may be in more demand than ever before.