No Warrent Needed to Search Cell Phones?

This is a discussion on No Warrent Needed to Search Cell Phones? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; http://redtape.msnbc.com/2011/01/court- ... rrant.html Court: No warrant needed to search cell phone The next time you're in California, you might not want to bring your cell ...

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Thread: No Warrent Needed to Search Cell Phones?

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    Senior Member Array Zsnake's Avatar
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    No Warrent Needed to Search Cell Phones?

    http://redtape.msnbc.com/2011/01/court- ... rrant.html
    Court: No warrant needed to search cell phone

    The next time you're in California, you might not want to bring your cell phone with you. 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.71st Rally dates are August 8th - 14th, 2011

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    Senior Member Array Zsnake's Avatar
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    It's a better idea not to get arrested in the first place.

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    Yes, this is one ruling which needs further review. It would seem that the phone should be free from search without a warrant because it would be "effects," using the actual language. And, because there is nothing that could possibly be a danger to officers.

    That was a strange ruling. If it stands, no one is safe from prying eyes. Go back to paper and pencil record keeping. A briefcase can be searched for guns during a Terry stop, but the papers can't be read.

    This ruling is a huge threat to medical privacy and to attorney client privilege. It means attorneys can't walk around with a cell phone with a contact list of their clients because that would make the list available to LEOs. A physician couldn't walk around with a contact list or a few notes on the note pad about a patient.

    Moral of the story. Password protect and don't divulge. Remain silent.

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    VIP Member Array SIGguy229's Avatar
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    +1 on lock codes...
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    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    +1 on lock codes...
    + with automagic wipe on n # of failures...
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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    They would suffer through nothing but mind-numbing txt's between me and my wife. It would serve them right.
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    Quote Originally Posted by WHEC724 View Post
    They would suffer through nothing but mind-numbing txt's between me and my wife. It would serve them right.
    In my case they would suffer through nothing but appointments with doctors and an ICE list. But that's not the point. There are
    business people with trade secrets on their devices, there are lawyers and doctors with client lists on their smart phones, there
    are priests and ministers with penitents on their contact list. There are likely even folks with all manner of sensitive government information on their phones; legally or not.

    It will only be a matter of time until someone's smart phone is looked at and someone decides that an innocent and cute pic of their kid getting a bath is unlawful. No good can come from this ruling. It is atrocious.

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