Posted on 12/06/2016 11:56:55 AM PST by MeganC
We need to liberate this state.
how do folks feel though in cases like this when it is revealed he had child porn on his phone, but cant do anything because the search wasnt legal.....
“Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed”
Finally, a California court rules correctly on something. Now just rule that bringing in a “drug dog” to sniff around your car to pretend to give you probable cause is itself a search, and we’ll be getting somewhere.
Just another case of,
Special rights
For Bikes
?
http://www.cnn.com/2014/06/25/justice/supreme-court-cell-phones/
Either you want to live in a police state, where they can catch most of the criminals (along with lots of innocent people too), or you want to have liberty, in which case some criminals are going to get away with it.
There isn’t a third option.
Probable Cause.
Someone’s opinion is NOT Probably Cause.
Our system is built under the assumption it’s better to let the guilty go free than imprison the innocent. It was a bad search, it wasn’t even a legit traffic stop, much less cause to start checking his phone.
This nothing new. There was no way the memory of his phone held a weapon.
This stop happened in 2012, so that ruling didn’t apply at the time.
Well this statement isn't exactly groundbreaking. It's been the law in Federal Court at least since Carroll v. U. S. in 1925 and was applied to the states in Wolf v. Colorado in 1949.
I’ve been stopped by cops quite a bit. I’ve never had one ask to search my phone. It also takes a swipe pattern to open it.
This is weird.
The protection of the integrity of the law trumps any individual case.
I bet Anthony Weiner was on speed dial.
Great reason to lock your phone with a passcode (not fingerprint).
Hard to say if it's good or bad in this particular case - the guy allowed them to search his phone just because they asked. If he had said "no" and they did it, then I would agree 100%.
Far as I know, this is the correct Constitutional call. The police can’t just go on a fishing expedition. They can’t subject a person to a search if that person is not under arrest, if there is no search warrant, and if there is no probable cause.
I thought this was basic.
“When one of the officers asked if he could search through Macabeo’s pockets, the cyclist told him he could.”
==
Made his mistake in saying “yes” to the body search.
I believe a case before SCOTUS, Terry v Ohio, has also ruled that an officer may not stop a person because of moving violation, non- working safety equipment or such and then demand to question or search the person or the vehicle for a totally different reason, like where are you going, where did you come from, state your business, etc.
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