Ruling lets California Police Search Phone Without Warrant

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techn0teen
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06 Jan 2011, 10:53 am

Link to Article (By CNN)

I live in this state so not only do I have to worry about airport pat-downs, increased taxes, increased tuition; but I know have to worry about the state starting to resemble communist China.

This is one of the many reasons I am glad I do not have a cell phone. Does anyone else think this is a major threat to our freedoms?

(While I agree it could help prosecute street crime, it just seems that the ability to search and seizure a phone could lead to abuses)



ShadesOfMe
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06 Jan 2011, 1:24 pm

I love in california too! This isn't okay. I should have a right to my privacy, whether I am arrested or not. There is a system, and it should still be followed when it comes to this. It would also not be good if you kept a notebook or journal in your pocket or purse. The amount of personal data they can view is insane.



sacrip
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06 Jan 2011, 1:40 pm

Sorry, I fail to see the problem here.

If you are placed under arrest, then anything on your person,. including a cell phone, is fair game, just like the contents of your car if you're arrested from it. Frankly, it's like carrying your address book in your pocket and acting appalled when the cops look through it while you're in jail.


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JupiterChild
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06 Jan 2011, 2:47 pm

Another troubling court decision! :roll:
By the way the warrant-less search of a car is not necessarily legal either (probably depending on jurisdiction)!
If a suspect is arrested after exiting their car and the car is LOCKED (thereby assuring that the suspect or others cannot access any weapons that may be inside), case law holds that a warrant should be obtained before the car may be searched. This may also apply to a locked trunk or glove box - there may be an exception if the car is impounded.
Even at a crime scene such a murder or robbery a warrant-less seach is suposed to be limited to areas that could conceivably hide a suspect or victim such as rooms and closets. Police are expected to be able to assure their own and others safety. Anyplace too small to hide a suspect or victim (such as drawers) require a search warrant!
Civil Rights case law is one of my interests.



Asp-Z
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06 Jan 2011, 2:54 pm

Encrypt your phone. I'm not sure about all smartphones, but I know that any iPhone newer than a 3GS has built in encryption, you just gotta flick it on in your settings. There's probably something you can do on Android to do it, too.



Macbeth
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06 Jan 2011, 3:21 pm

California Uber Alles.


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