California Supreme Court Rules Your Cellphone is Subject to Warrantless Searches

[cellphonedork]

This is being tested in Aspen CO as well. A man left his unlocked iPhone in the bathroom of a gas station. This was after he inadvertently locked the door behind himself and the clerk did not have the time to open the door at that point due to customer volume. When the clerk did open the door, he called the local police. The man also called to collect his phone multiple times. The police searched the phone and found txt on it related to drugs. Police got a warrant and raided his house. They found drugs. Man gets arrested. His lawyer claim that he left his phone in custody of clerk, while police say he abandoned his phone (and expectation of privacy) by leaving said phone at gas station. We'll see what happens.
Schutter defense: Suppress text messages

 

[LilTortillaBoy]

My problem with that is they don't stop the illegal aliens, texting & calling while driving, & now you're telling me they are going to do this???!!! I gotta get out of here * &#&$=+$4'>"_$$&$

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Wtf?

Sent from my DROIDX

 

[CJM]

I wonder how fast I can flash a 1.3ghz kernel to set my phone into a boot loop. I'll have to practice if I ever decide to go to Cali.

 

[DThomp]

Another one of the many reasons not to go to the peoples republic of Kalifornia. If it does not surprise you, it should infuriate you.

 

[Mr. Orange 645]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

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[devildog9999]

All I know is that if I get pulled over, and the officer asks for the phone, he is getting the "dummy" droid 1 in my center console.

 

[UltraDroid]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

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They're entitled to their opinions, as are you. A productive discussion should avoid throwing ridicule at people who don't agree with you or your opinion. We can listen to the other side of arguments without being disagreeable.

My two cents worth...

-Mike

 

[Canadroid]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

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Now now. I think some of the opinions here against this understand very well the 'circumstances the searches would take place'.

Irregardless, there will indeed be cops who will tear through your phone completely if they know they have the legal right to do so, and perhaps not always for professional purposes c/t the arrest or charge at hand.

As it appears to have been established here already, the cops are humans like you and me, and some of them are not trustworthy or ethical. At all. :heart:

 

[BlueSami]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

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I find it funny how many people will give up there basic rights in the name of safety!

 

[hookbill]

Just a reminder. Be civil to each oher, watch the language. Remember this is a family friendly forum. If you need to review the forum guidelines for conduct click the link in my signature.

 

[tecwizrd]

"Hmmm... they can't both be right?"

Since when, has anything from the Califonia SC been right?

One more reason to leave the state.

 

[Mr. Orange 645]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

Sent from my Droid using DroidForums App

They're entitled to their opinions, as are you. A productive discussion should avoid throwing ridicule at people who don't agree with you or your opinion. We can listen to the other side of arguments without being disagreeable.

My two cents worth...

-Mike

Read my post again. I wasn't ridiculing their opinion at all. Matter of fact, go read ALL my posts. I haven't given my opinion one way or the other. I was simply commenting on the fact that many people here who are crying foul are not taking the time to understand what it is they are so upset about.

Take for instance the person that just said, "All if know is if I get pulled over and the cop asks for my phone....blah, blah, blah." That is NOT what this ruling is about. The situation they just described is a consent search (which is a well-established exclusion to the warrant requirements), which can be denied freely and without punishment for doing so. That's NOT what this discussion is about.

The ruling is concerning a search incident to arrest. Your person and the passenger compartment of your vehicle (or the area within your reach and leap in a house) are subject to a search incident to arrest for weapons, contraband, and evidence of the crime for which you are being arrested. The courts are trying to decide if you have your cell phone on you when you get arrested, are the contents of it subject to a search incident to arrest like the rest of your property.

No matter how you try to spin, or what decade you are from, this is not an issue of the government vs. the people. It is a case of trying to determine how the rights established in a 200 year old document are applied to 21st century technology and situations. No one is trying to take your rights away, especially if you are not under arrest.

And regarding your "product of the sixties" and "all volunteers" remarks. You can try and play coy, but I understood what you were implying and jumped to no conclusions in my responses.

For everyone attacking me, realize that I attacked no one. I merely said it was all very entertaining watching people get all riled up, when they don't even take the time to understand the subject at hand.

 

[Mr. Orange 645]

And to the mods, if your comments were directed at me, I apologize, though I used no foul language and did not attack anyone, nor intended anyone to feel slighted by my comments and observations.

 

[Bkelly84]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

Sent from my Droid using DroidForums App

They're entitled to their opinions, as are you. A productive discussion should avoid throwing ridicule at people who don't agree with you or your opinion. We can listen to the other side of arguments without being disagreeable.

My two cents worth...

-Mike

Read my post again. I wasn't ridiculing their opinion at all. Matter of fact, go read ALL my posts. I haven't given my opinion one way or the other. I was simply commenting on the fact that many people here who are crying foul are not taking the time to understand what it is they are so upset about.

Take for instance the person that just said, "All if know is if I get pulled over and the cop asks for my phone....blah, blah, blah." That is NOT what this ruling is about. The situation they just described is a consent search (which is a well-established exclusion to the warrant requirements), which can be denied freely and without punishment for doing so. That's NOT what this discussion is about.

The ruling is concerning a search incident to arrest. Your person and the passenger compartment of your vehicle (or the area within your reach and leap in a house) are subject to a search incident to arrest for weapons, contraband, and evidence of the crime for which you are being arrested. The courts are trying to decide if you have your cell phone on you when you get arrested, are the contents of it subject to a search incident to arrest like the rest of your property.

No matter how you try to spin, or what decade you are from, this is not an issue of the government vs. the people. It is a case of trying to determine how the rights established in a 200 year old document are applied to 21st century technology and situations. No one is trying to take your rights away, especially if you are not under arrest.

And regarding your "product of the sixties" and "all volunteers" remarks. You can try and play coy, but I understood what you were implying and jumped to no conclusions in my responses.

For everyone attacking me, realize that I attacked no one. I merely said it was all very entertaining watching people get all riled up, when they don't even take the time to understand the subject at hand.

Haha! Well said sir, will said.


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[Mr. Orange 645]

I find it very entertaining that all you paranoid people think this means police officers will now just randomly search your phones for no reason. You are all either too lazy or ignorant to read past the thread title and understand under what circumstances the searches would take place.

Sent from my Droid using DroidForums App

Now now. I think some of the opinions here against this understand very well the 'circumstances the searches would take place'.

I'm speaking of the ones who obviously don't understand it. If you do understand it, then I'm not talking about you.

Irregardless, there will indeed be cops who will tear through your phone completely if they know they have the legal right to do so, and perhaps not always for professional purposes c/t the arrest or charge at hand.

As it appears to have been established here already, the cops are humans like you and me, and some of them are not trustworthy or ethical. At all. :heart:

The far majority of them are trustworthy and ethical. Unfortunately the fraction of a percentage who aren't are the ones that make the news and give them all a bad name.