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The California Supreme Court ruled Monday that police can search the cell phone of a person who's been arrested -- including text messages -- without obtaining a warrant, and use that data as evidence. The ruling opens up disturbing possibilities, such as broad, warrantless searches of e-mails, documents and contacts on smart phones, tablet computers, and perhaps even laptop computers, according to legal expert Mark Rasch.
"The cell phone was an item (of personal property) on (Diaz's) person at the time of his arrest and during the administrative processing at the police station," the justices wrote. "Because the cell phone was immediately associated with defendant’s person, (police were) entitled to inspect its contents without a warrant."
This ruling flies in the face of established law, which prohibits the warrantless search of briefcases by police, other than a quick search for weapons
Originally posted by kyred
reply to post by Oaktree
Jeeze!! Making it all so easy to just bypass the U S Constitution.
So my plan is.................Mr. kyred, give me your cell phone. I want to search it.
My response? Drop it on the ground or floor and stomp it. Might that work? I dunno.
What I'd really like to do in such a situation? Slam that cell phone upside the perp's head and just destroy it and it shatters into millions of pieces. Yeah, really. I would enjoy that, and also, in my fantasy, I would be hailed a hero and there would be a big parade, and the perp would go to prison for a very long time for being such a traitor to his/her own country.
Oh oh oh! And released from prison at an old age, and taken to a beach and told to swim to some other country, because you certainly don't belong here!
Originally posted by kyred
reply to post by Oaktree
Jeeze!! Making it all so easy to just bypass the U S Constitution.
So my plan is.................Mr. kyred, give me your cell phone. I want to search it.
My response? Drop it on the ground or floor and stomp it. Might that work? I dunno.