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Thread: Cops Need Warrant to Search Cellphones

  1. #1
    No Hope For Me Coils's Avatar
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    Default Cops Need Warrant to Search Cellphones

    Cops Need Warrant to Search Cellphones, Court Rules

    In a sweeping decision in favor of digital privacy, the Supreme Court ruled Wednesday that police almost always need a warrant to search a person’s cellphone, even in the case of someone placed under arrest.

    In an unanimous decision, the court ruled against the Obama administration.

    The usual law is that police can search anything on a person when they make an arrest. Opponents argued that smartphones were different because they hold such vast and personal stores of information.

    “Modern cell phones are not just another technological convenience,” Chief Justice John Roberts wrote for the court. Elsewhere in the decision, he said that phones are so pervasive that “the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”

    But technological advances do not make such information less worthy of the Fourth Amendment protection against unreasonable search and seizure, Roberts wrote.

    “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant,” he wrote.

    The case concerned a man named David Leon Riley, who was pulled over in San Diego five years ago for driving with an expired license. When police found guns in his car, they arrested him for carrying concealed weapons.

    Police then discovered pictures and videos on his Samsung phone, which led to charges that he took part in violent gang-related crimes.

    The court suggested that police could still move ahead without a warrant in extreme circumstances — for example, a suspect texting someone who might detonate a bomb, or in the case of a kidnapper who might have information about the child’s location on his phone.

    Those special circumstances can be evaluated by a court after the fact, the court pointed out.

    The Obama administration had argued that cellphones can be searched just like anything else carried by someone who’s arrested. And the court acknowledged that its decision could have an impact on police’s ability to fight crime.

    But warrants, Roberts wrote, are an important part of the machinery of government, not an inconvenience.
    "Government is not the solution to our problem, government is the problem" Ronald Reagan

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    GuncoHolic zteknik's Avatar
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    Good news.
    But they will probably trump it by saying they saw a picture of a gun on it...
    2ndAmendican likes this.
    Keep the change-I just want my Country back!!!

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    Gunco Veteran hunter_02's Avatar
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    Quote Originally Posted by zteknik View Post
    But they will probably trump it by saying they saw a picture of a gun on it...
    ....and that is why COPS THAT LIE MUST DIE.
    That shouldn't upset anyone that isn't a lying cop.
    Hunter

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    Gunco Veteran Bolt2bounce's Avatar
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    not from what I've seen nothing is safe from search these days.. NSA is reading storing every communication on the planet, but I complement the SCOTUS for a step in the right direction.. hope it's not just smoke and mirrors..
    Last edited by Bolt2bounce; 06-27-2014 at 03:11 AM.

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    No Hope For Me Coils's Avatar
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    not from what I've seen noting is safe from search these days..
    Adding my two cents to this comment. Now if a person did commit a crime and arrested, I can see them taking your phone and holding it until a warrant is issued to search it (if there's a possible reason evidence might be on it), and the only thing on the phone that can be used against the suspect is anything that deals with the reason of the arrest and connects the person to the crime. But that as far as it should go, and the only reason for a search.
    "Government is not the solution to our problem, government is the problem" Ronald Reagan

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    Gunco Regular Pryotex's Avatar
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    Could not do that here in GA without consent or a warrant. (Unless you wanted the case thrown out) This is from back in 05.
    Pryotex is TEC Tactical, A Licensed 07/SOT

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    The Anti-Terrorist Abukai08's Avatar
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    Meh, Who really listens to laws in Washington anymore anyways.
    "What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?" -Thomas Jefferson-


    "Our rights come from our humanity and may not be legislated away -- not by a vote of Congress, not by the consensus of our neighbors, not even by agreement of all Americans but one." Judge Andrew P. Napolitano

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    GuncoHolic 2ndAmendican's Avatar
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    Quote Originally Posted by zteknik View Post
    Good news.
    But they will probably trump it by saying they saw a picture of a gun on it...
    LMAO!!!!
    Enforcement, NOT Amnesty!!!!!!

    "If they’re going to come here illegally, apply for & receive assistance through a corrupted Government agency encouraging this lawless behavior, work under the table & send billions of dollars each year back to their families in Mexico, while bleeding local economies dry, protest in our streets waving their Mexican flags DEMANDING rights, while I have to press ’1′ for English, then they need to be shipped back to where they came from!" -Chad Miller

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    Gunco Addicted for life j427x's Avatar
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    i'm sure there are laws against shipping AK47 to mexican drug cartels too.

  10. #10
    Gunco Regular Pryotex's Avatar
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    I guess if its an Obama phone, its the Govt property anyway. LOL
    Pryotex is TEC Tactical, A Licensed 07/SOT

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