Traffic Arrest? Cops can Search your Phone & Laptop

Traffic Arrest? Cops can Search your Phone & Laptop

papers.ssrn.com

....What happens, however, when the arrestee is carrying an iPhone in his pocket? May the police search the iPhone's call history, cell phone contacts, emails, pictures, movies, calendar entries and, perhaps most significantly, the browsing history from recent internet use? Under longstanding Supreme Court precedent decided well before handheld technology was even contemplated, the answer appears to be yes....

(visit the link for the full news article)

Ok, this is scarry...If you are arrested for a traffic violation, they will now search your phone and pc for questionable content? Good Lord.

papers.ssrn.com
(visit the link for the full news article)

reply to post by Choronzon


Well according to the abstract, they won't necessarily check these things, but it says that they can. That is scary your right. But as this was declared long before the devices were invented, I would venture to guess that this will be changed. I highly doubt that Officer Jones is gonna take the time to figure out how my Blackberry works just for fun when he stops me for a moving violation. I don't think this search would be made unless they had a good reason to make it, even if they can do it when they want. Just my opinion. Now we wait for the calls of "Police State in full effect."

I also think this has to do with the nature and extent
of the offense. If you're just sighted for a speeding
violation then a search is not warranted. As what cop
is gonna harass plain folk for speeding to work cuz
they overslept.

But if they are chasing you from a jewelry heist
it might be a totally different story.

then there's always that civil retribution:
sue the cop in civil court for harassment
and take everything he's got.