Court OKs Searches Of Cell Phones Without Warrant

Court OKs Searches Of Cell Phones Without Warrant

www.sfgate.com

The California Supreme Court allowed police Monday to search arrestees' cell phones without a warrant, saying defendants lose their privacy rights for any items they're carrying when taken into custody.

Under U.S. Supreme Court precedents, "this loss of privacy allows police not only to seize anything of importance they find on the arrestee's body ... but also to open and examine what they find," the state court said in a 5-2 ruling.



Read more: www.sfgate.com.../c/a/2011/01/03/BA5N1H3G12.DTL#ixzz1A5YoT3CN

(visit the link for the full news article)

And the word that just doesn't seem to go away in the past decade:

"Warrantless"

Warrantless wire-tapping, warrantless spying, warrantless seizures, and now warrantless cell phone rummaging. No need to get court approved warrants, just do as you please with their property with free reign! heh

Nah, we aren't losing any of our freedoms people. Nothing to see here. Go back to your regularly scheduled programming...

www.sfgate.com
(visit the link for the full news article)

If you are arrested they take your cellphone everyone

knows that. Everyone also knows that the cops look through your phones

after you have been arrested, their taking a peak at all the data in your cellular.

With these crooked cops legal or not, it still would not stop a bad cop

from going through your personal cell phone data, kind of hard to prove they did.

This court might be over stepping their boundaries though because then these scum our

going to use what ever they can find in your phone on you in the court of law......

Real simple, password protect your sim, cellphone, and any data cards on your cellphone and there is no worries.

Hey that sounds infinately better than trying to choke down yer sim card while being handciffed...!
Cheers! line 2

So, does this mean that if I perform a citizens arrest on a police officer or judge, I get to go through all of their personal belongings? That would be pretty cool.

I would say this is far from over. The article says the Ohio Supreme Court has, previously, ruled the other way and that the SCOTUS denied to review that case. So, I expect an opposite ruling will force the issue and, apparently, the SCOTUS was in basic agreement with Ohio. I'll have to read more on this decision, when I have time.

On the surface, I'd say a reversal is in order, because:

a) Search Incident to Arrest does not permit fishing expeditions. It is intended to discover evidence related to the crime for which the person is being charged, i.e. "fruits of the crime".
b) Historically, "stored electronic information" has required a search warrant, unless exigent circumstances exist. Having a prisoner's cell phone, securely stored outside of his reach, eliminates the possibility he/she will be able to destroy, delete or dispose of any evidence that may be present. In other words... plenty of time to secure a search warrant, if probable cause exists.

Interesting story, DD. Thanks for posting and I will be watching this one closely. S & F

Simple. Just use a password on your cell. My cell phone has a password lock and if someone puts in the wrong password 3 times it erases all data on my phone. The Law may say they can go through it but they cant make you give them your password. If they erase your phone Sue them for damage of property.

reply to post by DimensionalDetective

Nah, we aren't losing any of our freedoms people. Nothing to see here. Go back to your regularly scheduled programming...

There ya go.

It's one Right after another Freedom. Wham! Bam! Gone.

The only way all of this makes any sense is if the USA is harmonizing it's laws with Canada - to secure the US-Canada component of the North American Union agreement - due to be signed this month.

I know what rights are, so I don't need a court telling me what the law is here. It is expressly forbidden in the Constitution. It is a violation of the government's contract with WE THE PEOPLE.
The tyrants will take up all the slack that we give them. They always do.

I think it's a sad day when people simply say: "No big deal, just password protect your phone."

I'll let you in on a little secret.. They will crack that PW in under 5 minutes.

That's ok though, keep on giving up your rights. Your whole lives are posted on FB anyways right?

reply to post by PayMeh


Yes, and this is exactly how it's done!

They chip away, little by little, HOPING for this type of non-concern, over each little infringement upon our constitutional rights.

Give an inch, they take a foot, give a foot, they take a meter, on and on and on...

Originally posted by PayMeh
I think it's a sad day when people simply say: "No big deal, just password protect your phone."

I'll let you in on a little secret.. They will crack that PW in under 5 minutes.

That's ok though, keep on giving up your rights. Your whole lives are posted on FB anyways right?

Cellphone password protection is some of the most advanced protection in the technological world these days. They ARE not easily cracked. ALL cellphones have to be sent to the manufacturer for a hardware reflash in order to overide passwords stored on their EPROM. ALL cellphones have fail safes that either lock the phone indefinately or for a period of time if the password is input inccorrectly multiple times. Password protection extends to computer accessing of the cellphone and or components. If you take a protected sim and place it into a computer sim reader then it will not access without the password. Alot of sim cards use 64bit encryption to protect them. You see the technology behind cellphone security was developed to maintain CORPORATE privacy, we get to reap the benifits. Prevention of access is half the key to your rights of freedom. If given a way to stop the infringement then use it. They cannot take away freedoms that are encrypted without more trouble than what it would be worth.

Don't mean to sound rude, but its well known that..um...as if the courts were ever needed when investigations of a certain nature were underway, but , this does make the process far more productive.

This is unconstitutional.


The pigs have no right to look through your phone, arrested or not!

This is just like a police state...

Reminds me of the Nazi Gestapo.

I would not put it past the dirty scum to even plant things on your phone

to use against you..

This has gone to far this is a failed justice system..

EPIC FAIL YOU SCUM COURT!!

reply to post by LeaderOfProgress


Yeah, but you're missing the point. That's like saying "If they can gain entry into my house, then it's my fault for not securing it better." Nevermind the fact that it's illegal search and seizure. Also phones PW are 4 characters most of the time. Or at least the ones I've ever went that far with. For most people who have a hard time remembering things, it will either be a significant year, last 4 of SS# or 1234/2468. If you have a little bit of info on the person, chances are you can crack it in under 5 tries. If not, you just wait the few minutes until it lets you try again.

reply to post by PayMeh


The first rule of password creation is to create one that has no markers in your life that can be easily figured out. Never use dates or identification numbers. If you fail again after the timer runs out it increases the time out function to more time, then it will lock it permanently.

reply to post by DimensionalDetective


Good old California... If I had to guess why this occured will most likely have to do with drugs / gang problems. Thats just a guess though. I hope to God the lawyer for the defendent appeals that decision, although I wont hold my breath to see if the 9th Circus court of appeals overturns it.

I do think we should update some of our laws to take into account advances in technology, but not if we have to throw the baby out with the bathwater.

I understand partly where they are coming from, which is the search incident to arrest that we do (which has since be refined thanks to our boys in blue in Arizona with a smartass comment to a judge). Cell phones can be used as weapons (small caliber), as can lipstick and many other items that appear normal. Most if not all agencies are required to inventory items in cars as well as personal items on people arrested when they are booked into the jail, so we search the stuff then anyways.

I also think it has to do with, but not really mentioned, drug mules / couriers who carry multiple cell phones for multiple reasons that go with drug activity. This is up their with searching a vehicle where the passengers are female and have their purses with them. If its in the car its fair game to check for safety reasons.

I see both sides of the issue, but im not really eager to continue peeling away layers of law that protect law abiding citizens in order to catch the crook.

The ruling from the Left coast will makes it way to DC at some point.

Originally posted by thecinic
This is unconstitutional.


The pigs have no right to look through your phone, arrested or not!

This is just like a police state...

Reminds me of the Nazi Gestapo.

I would not put it past the dirty scum to even plant things on your phone

to use against you..

This has gone to far this is a failed justice system..

EPIC FAIL YOU SCUM COURT!!

Simply curious as to why such hostility towards a function that is not directed and how ever you may interpret it to be against your civil rights.

Please keep in mind, that although and i do agree, some laws are simply beyond rational thinking, but one must come to terms that in today's society and regardless how you may feel in the comfort of your home, there are individuals out there hell bent on deleting everything you represent/believe and comprehend and all this in the name of God, now consider that next time you are walking to your local store and a whole square block goes leaving only the investigators sifting through millimeter of particles inorder for them to decipher the apparatus.

Its a dangerous world out there and somebody is required to hold the balance of power, regardless if you like it not. After all, this is democracy at work.

yeah they blew up Circle K while the little person was walking to it. give me a break what an idiot.

People can protect themselves.

I cant believe you would say that oh you must be one of those Nazi Style Cops, violating us for our own safety

or to generate income for your selves to sustain your selves

bad. Stop the police state repeal laws and police powers no safety and no freedom

Biggest lie they dont protect and serve. They are the enemy