Posted on 06/25/2014 7:59:26 AM PDT by Red Badger
The Supreme Court ruled Wednesday that police cannot go snooping through people’s cell phones without a warrant, in a unanimous decision that amounts to a major statement in favor of privacy rights.
Police agencies had argued that searching through the data on cell phones was no different than asking someone to turn out his pockets, but the justices rejected that, saying a cell phone is more fundamental.
The ruling amounts to a 21st century update to legal understanding of privacy rights.
“The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought,” Chief Justice John G. Roberts Jr. wrote for the unanimous court.
“Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple— get a warrant.”
Justices even said police cannot check a cellphone’s call log, saying even those contain more information that just phone numbers, and so perusing them is a violation of privacy that can only be justified with a warrant.
(Excerpt) Read more at washingtontimes.com ...
You have captured the essential thought of mine WRT authorities here.
Generally those types of forensic recovering situations are sent to an outside lab because most agencies do not have the resources to extract the information.
The labs are under contract and usually do that type of work for more than one agency and numerous companies.
Some Honeywell engineers were always good for deleting files they needed. The hard drives would be removed from the machine and sent to Florida for recovery.
The Supreme Court has ruled in the past that if you are arrested (not just a traffic stop, but an actual arrest), the police can search you without a warrant and use as evidence anything they find on you. Today's ruling says that that rule no longer applies to cell phones; the police can seize them if you're arrested, but can't search them until they get a warrant.
Kinda a funny distinction given the actual wording of the 4th:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
IIRC, they couldn’t use any of Trayvon Martin’s postings OR anything on either the girl’s cell phone or Tray’s cell phone.
So you think it's OK to grab bystanders' cell phones?
It’s a distinction based on pragmatism more than anything else. If you’re arresting someone and taking him to jail, you’re going to make him empty his pockets and turn over the contents regardless.
so you think it is ok not to gather evidence that can prove someone’s guilt or innocence?
Is that a ‘yes’ or a ‘no’ to my question?
I do not answer leading questions that demand an explanation with a yes or no.
I use an ellipsis often. Don’t forget this part:
“....In news reporting,........ it is used to indicate that a quotation has been condensed for space, brevity or relevance....”
:)
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Comrades, do not naysay the critical work of the State Security Services! NSA is vital cog in IRS-NSA-ACA data hubs. The SSS must be able to track down reactionary running dog capitalists who oppose our Dear Leader Comrade Obama, as he struggles day and night to deliver first-quality National Socialist heath rationing system to all good comrades, (like in glorious worker’s paradise Cuba), while smashing right-wing extremists who hold to outdated notions of so-called “freedom” and “privacy” and “Bill of Rights” under former capitalist “Constitution.” Onward to victory, comrades! Do not deny SSS needed tools to deliver glorious new dawn of socialist equality to all good comrades!
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