Posted on 09/07/2010 12:39:43 AM PDT by Krankor
Lights on for safety.
“After seizing the cell phone officers secured a search warrant...”
Shouldn’t that be the other way around? How can one be considered “secure in their person and effects” when the police can seize one’s personal effects without a warrant?
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A fair question with a fine distinction.
The phone had been seized, but (allegedly) not gone through for the evidence - text messages according to the story - sought by the police. Thus the warrant to actually dig through the phone’s records.
This comes up more often with seized or impounded vehicles. If it is impossible to allege “exigent circumstances and the safety of police officers”, warrants are subsequently procured to search the car. This happens with computers too, but less often.
Sort of the distinction between being ‘detained’ but not ‘arrested’ for individuals.
Hairsplitting artificial flatulence I know, but that is what law always reduces down to, regardless of place or time.
As much as we have been warned about the dangers of sexting, people are still doing it. Once the picture is sent out the sender no longer has control of it.
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This is true of all emails as well. Everything sent or received can be recovered and scrutinized by serving a subpoena duces tecum on the ISP.
People are oblivious to how public their electronic trail is.
Careers have consequences.
They are still holding the phone... because?
No charges but still need to put some scandal in her profile. If she were to go to trial on this vandalism charge, the jury would not be informed of the other charges.
"Don't you people get it? It was the Phone Cops!"
When you purchase fancy lingerie, it is with the expectation that someone will view you or your woman in it.
That does not excuse peeping toms.
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