because of the discovery of the concealed and loaded handguns—along with gang paraphernalia—during the vehicle search, police placed riley under arrest and searched his cell phone without a warrant. the cell phone search yielded information indicating that riley was a member of the lincoln park gang; evidence included pictures, cell phone contacts, text messages, and video clips. included in the photos was a picture of a different vehicle that riley owned, which was also the vehicle involved in the august 2nd gang shooting. based in part on the pictures and videos recovered from the cell phone, police charged riley in connection with the gang shooting and sought an enhancement based on riley's gang membership. the petitioner (riley) moved to suppress the cell phone evidence at the trial level, but the judge permitted this evidence in both the first trial and on retrial. ultimately, riley was convicted and the california court of appeal affirmed the judgment.