California Supreme Court Rules Your Cellphone is Subject to Warrantless Searches

[Mr. Orange 645]

I'll let you call me naive if you can illustrate to me how a police officer can, without a dedicated tool, unlock my phone on the side of the road.

tappin and a talkin

Not all tools are large immobile monstrosities permanently bolted to the floor of some sterile lab. The Droid I carry everyday has more computing power than the entire first space shuttle, yet it is very small and portable. I'll leave it at that.

This I know, however imagine the fact that any tool they would carry with them would have to be capable of unlocking phones accross operating systems and manufacturers. If such a tool exists I would be quite surprised and even then given the grand scheme of things I don't think the average police department would bother to have more than a few of these devices. At the very least if someone is going to pry in to my personal property without my wishes or a legal document asserting their right, I am going to make them work for it. Call me a dissident I guess.


And no I was not offended by the naive comment.

tappin and a talkin

LOL. And you are correct. Like I said, usually, to do that, it would need to be taken somewhere else. Having the financial resources to keep up with technology is a growing problem with police departments of all sizes.

And depending on the Court's ruling, they may or may not need a "legal document" to assert their right to search.

Also remember, 99.9% of officers are not trying to violate your rights for the fun of it. The ability to temporarily remove someones rights, against their will, is a grave responsibility. Most cops take it very seriously. They are also human, and make mistakes, misjudgments, and misunderstandings. You think keeping up with cell phone technology is hard, try keeping up with case law that changes (sometimes quite drastically) on a regular basis. Cops are genuinely doing a job that most people will not or can not do. They don't really care what you texted to your girlfriend about your wife, unless it contains evidence of a crime they can solve.

 

[UltraDroid]

Not all tools are large immobile monstrosities permanently bolted to the floor of some sterile lab. The Droid I carry everyday has more computing power than the entire first space shuttle, yet it is very small and portable. I'll leave it at that.

This I know, however imagine the fact that any tool they would carry with them would have to be capable of unlocking phones accross operating systems and manufacturers. If such a tool exists I would be quite surprised and even then given the grand scheme of things I don't think the average police department would bother to have more than a few of these devices. At the very least if someone is going to pry in to my personal property without my wishes or a legal document asserting their right, I am going to make them work for it. Call me a dissident I guess.


And no I was not offended by the naive comment.

tappin and a talkin

LOL. And you are correct. Like I said, usually, to do that, it would need to be taken somewhere else. Having the financial resources to keep up with technology is a growing problem with police departments of all sizes.

And depending on the Court's ruling, they may or may not need a "legal document" to assert their right to search.

Also remember, 99.9% of officers are not trying to violate your rights for the fun of it. The ability to temporarily remove someones rights, against their will, is a grave responsibility. Most cops take it very seriously. They are also human, and make mistakes, misjudgments, and misunderstandings. You think keeping up with cell phone technology is hard, try keeping up with case law that changes (sometimes quite drastically) on a regular basis. Cops are genuinely doing a job that most people will not or can not do. They don't really care what you texted to your girlfriend about your wife, unless it contains evidence of a crime they can solve.

As to cops having a tough job in the 21st Century - they do, but the last time I looked, police departments are 100% staffed with volunteers. No one is forced to become a law enforcement officer against their will.

As I said, I'm a product of the Sixties...

-Mike

 

[Mr. Orange 645]

This I know, however imagine the fact that any tool they would carry with them would have to be capable of unlocking phones accross operating systems and manufacturers. If such a tool exists I would be quite surprised and even then given the grand scheme of things I don't think the average police department would bother to have more than a few of these devices. At the very least if someone is going to pry in to my personal property without my wishes or a legal document asserting their right, I am going to make them work for it. Call me a dissident I guess.


And no I was not offended by the naive comment.

tappin and a talkin

LOL. And you are correct. Like I said, usually, to do that, it would need to be taken somewhere else. Having the financial resources to keep up with technology is a growing problem with police departments of all sizes.

And depending on the Court's ruling, they may or may not need a "legal document" to assert their right to search.

Also remember, 99.9% of officers are not trying to violate your rights for the fun of it. The ability to temporarily remove someones rights, against their will, is a grave responsibility. Most cops take it very seriously. They are also human, and make mistakes, misjudgments, and misunderstandings. You think keeping up with cell phone technology is hard, try keeping up with case law that changes (sometimes quite drastically) on a regular basis. Cops are genuinely doing a job that most people will not or can not do. They don't really care what you texted to your girlfriend about your wife, unless it contains evidence of a crime they can solve.

As to cops having a tough job in the 21st Century - they do, but the last time I looked, police departments are 100% staffed with volunteers. No one is forced to become a law enforcement officer against their will.

As I said, I'm a product of the Sixties...

-Mike

You took my comment out of context. I'm sorry if you misunderstood it. I did not mean that anyone was FORCED to do police work. I wouldn't want to work with, or be protected by the guy who is FORCED to do it. Makes it no less challenging. Its an extremely challenging career for several reasons, but is also very fun, and ultimately rewarding. I'm sorry if you've had some encounter with law enforcement that has jaded you. It can't be JUST the Sixties, as I know several products of the Sixties, and they are as individual in their beliefs and views as products from any other decade.

 

[Mr. Orange 645]

Alright gang, good chat. I'm off to the more "light-hearted" forums then off to bed. Take care!

 

[johnomaz]

I had a pattern lock on my phone, but took it off because it got annoying. Its back on now no matter how annoying it is. What a stupid state I live in.

 

[Martin030908]

Language folks.... let's watch it

 

[microsnook]

This is when the government gets too powerful.

 

[Mr. Orange 645]

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.

Lol who lied to you....

I think I've been in my fair shares of pull overs... If your glove dept is unlocked they dont need warrant to search it, but let it be the other way around and its locked they need a warrant. So what would make a cellphone any diff? Know your Rights people...

Plus I'd just play dumb, "Sorry sir, I was just on my way to verizon as i've seem to forgot my password" What are they gonna say? Ok lets go together? Lmao....

Not necessarily true. But you seem to be the expert.

 

[BlueSami]

This is when the government gets too powerful.

This^
I don't have anything to hide. But its just one more freedom we are giving up. All in the name of saftey!

Sent from my Droid

 

[Biggdogg76]

Wow, this sucks! If you live in Cali that is. The only pics they would find on my phone would be of my hind quarters!

 

[hookbill]

This I know, however imagine the fact that any tool they would carry with them would have to be capable of unlocking phones accross operating systems and manufacturers. If such a tool exists I would be quite surprised and even then given the grand scheme of things I don't think the average police department would bother to have more than a few of these devices. At the very least if someone is going to pry in to my personal property without my wishes or a legal document asserting their right, I am going to make them work for it. Call me a dissident I guess.


And no I was not offended by the naive comment.

tappin and a talkin

LOL. And you are correct. Like I said, usually, to do that, it would need to be taken somewhere else. Having the financial resources to keep up with technology is a growing problem with police departments of all sizes.

And depending on the Court's ruling, they may or may not need a "legal document" to assert their right to search.

Also remember, 99.9% of officers are not trying to violate your rights for the fun of it. The ability to temporarily remove someones rights, against their will, is a grave responsibility. Most cops take it very seriously. They are also human, and make mistakes, misjudgments, and misunderstandings. You think keeping up with cell phone technology is hard, try keeping up with case law that changes (sometimes quite drastically) on a regular basis. Cops are genuinely doing a job that most people will not or can not do. They don't really care what you texted to your girlfriend about your wife, unless it contains evidence of a crime they can solve.

As to cops having a tough job in the 21st Century - they do, but the last time I looked, police departments are 100% staffed with volunteers. No one is forced to become a law enforcement officer against their will.

As I said, I'm a product of the Sixties...

-Mike

Mike, you keep saying you're a product of the 60's and trust me 50% of the people have no idea what you're talking about. I'm 58 years old, I grew up in the 60's too. Never trust anyone over 30. Never trust the man. Been there, done that.

We aren't in the 60's anymore, far from it. We have a better understanding between police officers and their citizens. When I was in Elsmere KY about 7 years ago I got pulled over for a speeding ticket and cursed and swore at the police officer in a small rural town in Kentucky and he was nothing but restrained polite to me. These aren't the same cops who beat me up because I refused to move then then a two feet when I was told I was loitering back in 1967.

Not all cops are good cops but they certainly aren't anything like they were in the 60's. And as I got older I began to appreciate what they do for their community

Be vigilant there is nothing wrong about that. But being a child of the 60's doesn't mean you can't move out of the 60's and into the 21st Century as far as cops are concerned.

 

[yahwarrior]

Why do they need to search your device if they can just bluetooth your devices ID then ask Google to upload your info to them?

 

[Quicksilver7714]

Note to self - buy a burn phone when visiting California.
Or I could also just password lock my droid.

Sent from my Droid using DroidForums App.

1.)http://www.droidforums.net/forum/re...-dummies-guide-android-terminoligy-lingo.html
2.)http://www.droidforums.net/forum/rescue-squad-guides/70875-what-you-need-know-about-rooting.html
3.)http://www.droidforums.net/forum/re...08-multiple-phones-root-them-unroot-them.html

 

[UltraDroid]

LOL. And you are correct. Like I said, usually, to do that, it would need to be taken somewhere else. Having the financial resources to keep up with technology is a growing problem with police departments of all sizes.

And depending on the Court's ruling, they may or may not need a "legal document" to assert their right to search.

Also remember, 99.9% of officers are not trying to violate your rights for the fun of it. The ability to temporarily remove someones rights, against their will, is a grave responsibility. Most cops take it very seriously. They are also human, and make mistakes, misjudgments, and misunderstandings. You think keeping up with cell phone technology is hard, try keeping up with case law that changes (sometimes quite drastically) on a regular basis. Cops are genuinely doing a job that most people will not or can not do. They don't really care what you texted to your girlfriend about your wife, unless it contains evidence of a crime they can solve.

As to cops having a tough job in the 21st Century - they do, but the last time I looked, police departments are 100% staffed with volunteers. No one is forced to become a law enforcement officer against their will.

As I said, I'm a product of the Sixties...

-Mike

Mike, you keep saying you're a product of the 60's and trust me 50% of the people have no idea what you're talking about. I'm 58 years old, I grew up in the 60's too. Never trust anyone over 30. Never trust the man. Been there, done that.

We aren't in the 60's anymore, far from it. We have a better understanding between police officers and their citizens. When I was in Elsmere KY about 7 years ago I got pulled over for a speeding ticket and cursed and swore at the police officer in a small rural town in Kentucky and he was nothing but restrained polite to me. These aren't the same cops who beat me up because I refused to move then then a two feet when I was told I was loitering back in 1967.

Not all cops are good cops but they certainly aren't anything like they were in the 60's. And as I got older I began to appreciate what they do for their community

Be vigilant there is nothing wrong about that. But being a child of the 60's doesn't mean you can't move out of the 60's and into the 21st Century as far as cops are concerned.

This cracks me up. The only thing I said was that as far as I knew, all law enforcement officers are volunteers. That and the fact that I am a product of the Sixties. From those rather vague statements several people have extrapolated that I had unfortunate run ins with and/or harbor a grudge against cops. That is a considerable "leap" IMHO.

-Mike

 

[GohanBurner]

I can see this ONLY in highly populated, HIGH crime rate areas. Not like where I live or anything. I can see New York, Brooklyn, Orlando, etc...having this enacted. Just huge cities with HUGE crime rates.