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If they're asking permission, they're already doing it.
1 posted on 08/19/2013 3:41:11 PM PDT by rarestia
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To: rarestia

The Supreme Court found a constitutional right to privacy in their Roe v. Wade decision.

The Supreme Court can’t so easily let Obama ride rough over their ruling. Oh wait, Chief Traitor Benedict Roberts... Never mind!


36 posted on 08/19/2013 6:23:20 PM PDT by RJL (There's no greed like the greed of a liberal politician buying votes with your money.)
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To: rarestia
The Fourth Amendment forbids "unreasonable searches and seizures" of a person, his home or belongings by the government. Generally, probable cause is required to search anything in which the individual has a reasonable expectation of privacy (REP) (a non-public place or activity) with a few exceptions such as consent or an emergency.

This is a case of a search incident to arrest. In a search incident to arrest the police may without a warrant search the person himself or the immediate surroundings for the protection of the police.

It seems to me that a person does have REP in his cellphone and unless the police have probable cause, I don't see any valid exception that would allow a warrantless search of a cellphone incident to an arrest.

39 posted on 08/19/2013 7:24:01 PM PDT by PapaNew
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To: rarestia
Alex Trebek: "The answer is...'Unreasonable search and seizure'. For $1000, what is the question, Justice Roberts?"

Leni

41 posted on 08/19/2013 7:37:07 PM PDT by MinuteGal
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

42 posted on 08/19/2013 8:21:07 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: rarestia

Come on, people! Wrap yourselves in the flag and be Super Patriots! If this, that, or whatever is for “national security,” we don’t need no steenkin Constitution! All hail The State!


43 posted on 08/19/2013 8:53:14 PM PDT by chessplayer
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To: rarestia

Don’t own a cell phone. I borrow one on long trips say to doc( 200 miles round trip or more) but always take the care out...just precautionary...


44 posted on 08/19/2013 9:52:45 PM PDT by Karliner ( Jeremiah 29:11, Romans 8:28- 8:38"...this is the end of the beginning."WC)
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To: rarestia

I do love what the ‘War on Drugs’ has done for my liberty!


45 posted on 08/20/2013 5:21:21 AM PDT by 1010RD (First, Do No Harm)
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To: rarestia

If it had been Bush, the NYT would have it on its front page every day.


50 posted on 08/21/2013 8:30:56 AM PDT by I want the USA back
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To: rarestia
The WIndow Dressing of Tyranny!

If Baghdad Bob is still alive....Jay Carneys job is in jeoprady!



This Message Not Approved by the NSA



51 posted on 08/21/2013 8:47:07 AM PDT by MeshugeMikey (Block Captain..Tyranny Response Team)
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To: rarestia

I thought liebruls were against police overreach. Only when there’s a Republican in the White House, eh?


53 posted on 08/21/2013 2:05:14 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: rarestia

“Obama administration asks Supreme Court to allow warrantless cellphone searches.”

Anyone, who doesn’t realize that this has been done since 2009 is suffering from severe liberal self inflicted brain damage.


54 posted on 08/25/2013 8:35:08 AM PDT by Grampa Dave ( Obozoliar and his thugs in his outhouse lie 24/7/365. They are unable to tell the truth.)
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To: rarestia

http://www.freerepublic.com/focus/f-news/3064092/posts

Obama administration had restrictions on NSA reversed in 2011
The Washington Post ^ | Ellen Nakashima

Posted on Sunday, September 08, 2013 6:59:34 AM by originalbuckeye

The Obama administration secretly won permission from a surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases, according to interviews with government officials and recently declassified material.

In addition, the court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and more under special circumstances, according to the documents, which include a recently released 2011 opinion by U.S. District Judge John D. Bates, then chief judge of the Foreign Intelligence Surveillance Court.


55 posted on 09/08/2013 7:36:32 AM PDT by Grampa Dave ( When insane/feral Islamics are killing each other, stand back and let Allah sort them out!)
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