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No Warrant Needed by Police to Search Phones, Says Calif.

Jan 4, 2011, 2:15 PM by Eric M. Zeman

The California Supreme Court recently ruled that police have the right to search the cell phones of anyone taken into custody. Citing U.S. law, the California Supreme Court noted, "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 ruling was approved with a 5-2 vote. The dissenting justices said that the law shouldn't be extended to cover cell phones, which can carry extensive amounts of personal and business information. A year ago, an Ohio court reached the opposite conclusion, and said that police had violated the rights of a man whose cell phone was searched during an arrest. With opposing rulings made by different states, it could spur the U.S. Supreme Court to take the matter into its own hands.

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Comments

This forum is closed.

This forum is closed.

kvlt_ov_personality

Jan 4, 2011, 2:33 PM

Wow, ridiculous

This should be illegal, considering the amount of personaly information that you can get from someone's phone.

macosx

only in California, thats why i have data erase on my iphone, one click and POOF! This is going to the supreme court no doubt.

...

DEATH

PASSWORD

phatmanxxl

Definitely unconstitutional unless the cop can prove it was used during a crime, and then a search warrent should be issued. I can see some asshole cop arrest me for DWLS and sitting there ****ing with my phone. I would definitely lock it down my ph...
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jeffdws

I don't think it's ridiculous to search a phone if there is reason to believe the phone was involved in a crime. It can provide really useful information like time frames and others potential involved with the crime.

I agree it's unconstitutional t...
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Snapper314

This should be illegal without a warrant. Another bad ruling issued from the idiots in the California courts. 😡

For those foolish enough to think this is a Good Thing... remember the words of Benjamin Franklin: "those who are willing to sacr...
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tjobrien21

Jan 4, 2011, 6:18 PM

Encryption

Is your friend. Use it.

Mark_S

Encryption, codes and other security features are available for a reason. tjobrien21 is correct. Use them!!!

jeryzkid22

Jan 4, 2011, 5:51 PM

Good Idea

I think if you are pulled over doing 20 in a 50mph speed zone and a cop sees a picture of you smoking weed in your gallery, it would help explain a lot of things. A general good rule of thumb if you don't do stupid things you won't get in trouble for it!

willv

so the cop should also be able to see nude pictures of you or your significant other? or read the text message your other wrote you...

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phatmanxxl

Im amazed how some people let go of their constitutional freedoms and rights thinking it wont affect them. It affects all of us, and when unlawful search and seizure of information is accepted they can take it further and people like you will just sa...
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nickd

Jan 5, 2011, 10:34 AM

Can I see your license, registration..and phone?

I hate when this happens.

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