State of California, Respondent
Christine M. Levingston Bergman, Counsel of Record
On August 2, 2009, Detective Duane Malinowski of the San Diego Police Gang Suppression Team learned that David Leon Riley had been pulled over and detained for having expired tags on his car and driving with a suspended license. The detective believed Riley to be a member of the violent “Blood” gang and to have participated in a drive-by shooting incident several weeks earlier. Malinowski interrogated Riley, who was uncooperative, and then accessed his cellphone in search of incriminating information and images. He found pictures of Riley in gang-related garb and in front of the car, registered in his name,…
