I'm not making a statement about how I feel about any decisions a court made. I'm saying I don't have anything on my phone so I personally don't care.
Why do I have the feeling this is going to get political soon?
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California Supreme Court Rules Your Cellphone is Subject to Warrantless Searches
- Thread starter dgstorm
- Start date
Why do I have the feeling this is going to get political soon?
Might be due to the fact it goes against the 4th Amendment...
I agree a hundred percent ...I am not doing anything illegal, but I don't want my personal texts and emails read, they are mine and should be private ...the police should not be able to read them just because they want to...
Cara
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If you are stopped since you are not in motion it is technically not illegal to text, at least not here in utah.
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Mr. Orange 645
Member
That's not what this ruling is saying. Read my last post. Its not a random warrantless search of your property. That is obviously unreasonable. The question is: Do cell phones fall under the search incident to arrest exception. This search would only take place if you were being arrested, not just randomly walking or driving down the street. You may be a product of the sixties, but incorrectly believe you live in a pseudo-fascist society.
Whether or not your phone is password or pattern lock protected does not effect the need for a search warrant. The circumstances under which the search is executed determines whether or not a warrant is needed. If the US Supreme Court says cellphones are subject to a warrantless search incident to arrest, then it will not matter if you have a password on it or not, if the officer is able to bypass it on scene. The vice versa would also hold true.
Mr. Orange 645
Member
Not if its determined to fall under one of the exceptions to the 4th Amendment rule.
I got a feeling Mr. Orange is pretty close. with all the different phones out there...
what? the populace is gonna teach the cops how to use their phone? So...
this means your phone is gone. confiscated as evidence. So what if it takes them 2
years to find nothing on it...
Here's the fix, people - buy another phone, cause it's always time to upgrade .
Don't let the b*****ds beat you. It's all mental...
what? the populace is gonna teach the cops how to use their phone? So...
this means your phone is gone. confiscated as evidence. So what if it takes them 2
years to find nothing on it...
Here's the fix, people - buy another phone, cause it's always time to upgrade .
Don't let the b*****ds beat you. It's all mental...
Mr. Orange 645
Member
AGAIN...That is NOT what this ruling says! Read my posts.
Unless theres some sort of magic pattern unlock bypass code I don't know of they would at the very least have to take the phone sompeplace for it to be forcefully unlocked. It may be the right of an officer to search my phone on the spot but it is also my right to refuse to assist in said search if it is unwarranted.
tappin and a talkin
tappin and a talkin
Yakuzagang5
Member
I agree with this. Why can an illegal aliens get funded to go to college and get a drivers license, but yet police are allowed to violate personal property without a search warrant?
Still needs probable cause...
Mr. Orange 645
Member
Absolutely you can refuse. Just understand that it is also naive on your part to believe that a simple pattern lock cannot be defeated.
Besides, this is all conjecture and speculation pending a final ruling by the US Supreme Court (who often leave some part of their ruling open to interpretation unfortunately).
Sorry, I have read it now, and if the police could only look thru your phone after you have been arrested (with reasonable probable cause ) then that is a different matter entirely ...something I can understand, and might agree with, but I need to think about it some more
Cara
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Mr. Orange 645
Member
Probable cause is only one of the exceptions, and from what I understand, this ruling is concerning the search incident to arrest exception.
The exceptions are:
1. Search incident to arrest
2. Exigent circumstances
3. Plain view evidence
4. Probable cause (Only applies in motor vehicles, not houses where a search warrant would be required).
5. Inventory search for a tow (again for a vehicle).