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Old 06-25-2014, 09:25   #1
DIYPatriot
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SCOTUS Bans Warrantless Cell Phone Searches

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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 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.
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I'm not sure about your AO, but we've had a recent uptick in cell phone confiscations and, in some cases, people have been arrested for recording the police with their phones.
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Old 06-25-2014, 10:29   #2
Pete
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And about 99% of the PDs are going to ignore it just like the ruling on filming them.
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Old 06-25-2014, 13:18   #3
Badger52
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Originally Posted by Brush Okie View Post
Yip, until someone takes them to civil court and they lose a bunch of money over civil rights violation etc. I guarantee the lawyers for the dept will get on the chiefs who will get on the officers asses.
Yep, good SCOTUS decision. But as you indicate it usually takes more than one civil finding - monoliths typically have slow learning curves. Officers will keep jobs, cultural training, etc., ad nauseum, will have to take place first. LE break laws every few minutes all the time on TV so it must be OK; those ACLU-member writers surely know what they're doing.
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