Posted on 08/19/2013 3:41:11 PM PDT by rarestia
If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches.
In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs, cash and guns.
The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man’s argument, ruling that the police should have gotten a warrant before accessing any information on the man’s phone.
The Obama Administration disagrees. In a petition filed earlier this month asking the Supreme Court to hear the case, the government argues that the First Circuit’s ruling conflicts with the rulings of several other appeals courts, as well as with earlier Supreme Court cases. Those earlier cases have given the police broad discretion to search possessions on the person of an arrested suspect, including notebooks, calendars and pagers. The government contends that a cellphone is no different than any other object a suspect might be carrying.
(Excerpt) Read more at washingtonpost.com ...
“YES WE SCAN!”
sorry I stole it.
... at least that’ll make it constitutional, right? (/sarc)
a cellphone is different because it involves other persons.
a cellphone is different because it involves other persons.
a cellphone is different because it involves other persons.
I’m all for efficiency in law enforcement - in fact I have an idea to further speed up the arrest/trial/sentencing process. Why don’t you take suspected criminals directly to the Penitentiary when you arrest them, and schedule the trial at your convenience?
I’m all for efficiency in law enforcement - in fact I have an idea to further speed up the arrest/trial/sentencing process. Why don’t you take suspected criminals directly to the Penitentiary when you arrest them, and schedule the trial at your convenience?
I’m all for efficiency in law enforcement - in fact I have an idea to further speed up the arrest/trial/sentencing process. Why don’t you take suspected criminals directly to the Penitentiary when you arrest them, and schedule the trial at your convenience?
Sorry for the dupe posts, FR really glitch tonight...
Um ... I’m pretty sure that the guy in your picture is General of the Armies John “Blackjack” Pershing.
I believe that's already provided for.
In the NDAA that Odinga signed.
Intended for use on opponents to the regime, conservatives, and other untermenschen.
This presents a good opportunity for an entrepreneur, to pre-load phones with “safe” data, like cat pictures, or even data that could at least muddle the criminal complaint so much that it would ease acquittal.
Hanging arrested persons on the spot is a sure deterrent to crime.
Start with Bozo and his entire administration. F-ing fascists MFer’s
Isn’t anyone very disturbed that there is any doubt that this is illegal on the very face of it?
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