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The Supreme Court Just Struck a Huge Blow Against the Government's Invasion of Your Privacy
Policy Mic ^ | 6/25/2014 | Jenna Kagel

Posted on 06/26/2014 8:14:09 AM PDT by Marie

(Regarding Cellphones)

The Supreme Court has handed down a unanimous decision in Riley v. California, and it's good news for digital privacy advocates.

The Court decided that once someone is arrested, the police may not search the person's phone without a warrant.

The ruling stated that "the term 'cell phone' is often misleading in shorthand; many of these devices are in fact miniature computers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers."

Before just about every single person in America carried a cell phone, the courts permitted police officers to search "from incident to arrest" in "that area into which he might reach." The meant that in order to prevent any sort of destruction or damage to evidence, law enforcement could search the data, contacts, messages, videos, photos, or other apps, on a person's cellphone if it was gathered into evidence once the person was arrested.

Now, in the course of an arrest, if police want to look into a suspect's phone, they will need a warrant. The decision is huge in terms of protecting citizens's rights to privacy, and is a ringing endorsement of digital privacy.

(Twitter responses provided at the link)


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: bhoscotus; cellphones; constitution; digitalprivacy; lawsuit; privacy; rileyvcalifornia; ruling; scotus; searchwarrant; supremecourt; telecom
This is really huge.

This ends the practice of police confiscating cellphones when citizens are videotaping them. This ends the practice of flipping through a phone when a person is pulled over for speeding.

There's another one: Cops have been known to go through a person's phone after an accident to see if they were texting or talking on the phone right before. Now they'll have to get a warrant.

For better or for worse, this does a LOT to reaffirm the 4th Amendment.

Personally, I believe that the SC actually did something right here.

1 posted on 06/26/2014 8:14:09 AM PDT by Marie
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To: Marie
Too bad the US feral government is no longer constrained by the rule of law, otherwise this might mean something.
2 posted on 06/26/2014 8:15:17 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: Marie
They gotten at least a couple right thus session.

will The Great Leader find the time to give his opposing view on this before hitting the links???


3 posted on 06/26/2014 8:17:06 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: Marie

And yet, its such common sense that I’m almost sad when I read this ruling. Have we come this far that the police think its OK to simply take someone’s cell phone and start going through it to find numbers and pictures? Cell phones contain so much personal and private information these days. I know this is important, but I don’t view it as a “victory”.


4 posted on 06/26/2014 8:19:29 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: Marie

Just in time for Lois’s blackberry.


5 posted on 06/26/2014 8:19:36 AM PDT by Sacajaweau
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To: Marie

The Police will just use their Warrant App ,D’oh


6 posted on 06/26/2014 8:22:18 AM PDT by molson209 (Blank)
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To: Marie
This is only part of the problem. What the SCOTUS ruled on was the issuing of "dumping" cell phones without a warrant. The next step is the setting a precedence on Stingray type devices that electronically pull info from cell phones by mimicking a cell tower.

I am in federal law enforcement and I cringe when I hear stories about dumping cell phones because it is so obviously wrong. Definitely against my agency's policies.

7 posted on 06/26/2014 8:29:26 AM PDT by USNBandit (sarcasm engaged at all times)
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To: Marie

Nice decision.
Now we need the court to rule that the NSA must destroy any files collected and archived that contain information obtained without a warrant.


8 posted on 06/26/2014 8:30:35 AM PDT by BuffaloJack (Unarmed people cannot defend themselves. America is no longer a Free Country.)
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To: USNBandit

It’s a darn good start.


9 posted on 06/26/2014 8:31:01 AM PDT by Marie (When are they going to take back Obama's peace prize?)
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To: Marie

The cops can take the phone and hold it until the pro forma warrant is issued. Not much accomplished here of a practical nature.


10 posted on 06/26/2014 8:31:07 AM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: Marie; dware; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

11 posted on 06/26/2014 8:31:35 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Marie

And it was 9-0 ruling.


12 posted on 06/26/2014 8:32:57 AM PDT by Kozak ("It may be dangerous to be America's enemy, but to be America's friend is fatal" Henry Kissinger)
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To: Opinionated Blowhard

Always password protect your phone. This prevents anyone from looking through your phone with just a casual effort and legally establishes the expectation of privacy.


13 posted on 06/26/2014 8:39:14 AM PDT by taxcontrol
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To: BuckeyeTexan

So will the ICE I placed after my sons name be usable?


14 posted on 06/26/2014 8:39:59 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: Marie

Average local cops do not know anything about the Constitution. Basically they say they interpret it and good luck in court.


15 posted on 06/26/2014 8:41:50 AM PDT by SkyDancer (If you don't read the newspapers you are uninformed. If you do read newspapers you are misinformed)
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To: SkyDancer

Is it grandfathered?


16 posted on 06/26/2014 8:45:05 AM PDT by EQAndyBuzz ("Heck of a reset there, Hillary")
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To: Marie

So? This government is lawless, why would it matter?


17 posted on 06/26/2014 9:07:32 AM PDT by Old Yeller (Anything is possible, if you don't know what you're talking about.)
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To: Marie
Law enforcement falls under the jurisdiction of the executive branch. The executive branch could care less what the other branches say or do. Their leader has a pen, a phone, and an army of law enforcement and bureaucrats to do his bidding. Put a megalomaniac in that position of power, and this is what you get under the obama regime.

I really believe that people just don't understand how bad it is with this guy in charge, or how much worse it is going to get in the near future. The American people have given a monster a loaded gun, and hope that he doesn't turn it on them. Too late.

18 posted on 06/26/2014 9:10:17 AM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: Marie
Does anyone really think Obama will comply? Ha.
19 posted on 06/26/2014 9:30:50 AM PDT by SoFloFreeper
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To: Marie

I hope that applies to my iPad ... :-) ...


20 posted on 06/26/2014 9:44:25 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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