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Calif court: Cops can search texts without warrant

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posted on Jan, 4 2011 @ 08:40 PM
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Calif court: Cops can search texts without warrant


news.yahoo.com

SAN FRANCISCO – The California Supreme Court ruled Monday that police do not need a warrant to search a cell phone carried by someone under arrest.

The justices determined a Ventura County deputy had the right to conduct a warrantless search of the text messages of a man he had arrested on suspicion of participating in a drug deal.

The state court ruled 5-2 that U.S. Supreme Court precedent affirms that police can search items found on defendants when they are arrested.
(visit the link for the full news article)




posted on Jan, 4 2011 @ 08:40 PM
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5-2 ruling . oh man. I for one do not agree with this at all. Texts should fall under private convos and should be protected by the 4th amendment.
Does this mean other states will follow?

The California Supreme Court decided the loss of privacy upon arrest extends beyond the arrestee's body to include personal property.

Authorities can not only seize items but also can open and examine what they find, the ruling said.


news.yahoo.com
(visit the link for the full news article)



posted on Jan, 4 2011 @ 08:44 PM
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reply to post by toolstarr
 


The solution is simple: use Email instead.

Problem solved.



posted on Jan, 4 2011 @ 08:45 PM
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Not only does it invade the privacy of the cell phone holder, but also of those who sent the texts to that phone. Those other people aren't under arrest, and therefor can not legally have their privacy invaded. Some lawyer should make a sweet case out of this.



posted on Jan, 4 2011 @ 09:53 PM
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I fear now drug dealers will now have code words for texts while texting activities. Now a simple "hey bro" will mean can I have a quarter ounce by tonight.



posted on Jan, 4 2011 @ 10:06 PM
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The answer is simple. Make use of the "DELETE" function. Just last week I had to help a friend with his cell phone. It would not take text messages. Turns out he had messages on that thing that were over a year old. The phone was full. He told me that he did not know you had to delete old text messages he just though once you read them they just went away. I hope not every one is as bad as he is.



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