Court rules cell phones can be searched (without a warrant) if you're arrested. WTF?!

[EvilNed]

The key here is not to get arrested. No arrest. No worries. I don't have anything on my phone that would bother me if someone else seen it anyways. Keep your nose clean and all is well. If you believe that only guilty suspects get arrested, then I assume Mr. Clean is an ironic nick? I'll have some of what you're having!

[darth los]

Honestly, I don't have a problem with this. The man committed a crime and the cell phone was taken as evidence. When you are arrested, anything on your person can be taken and used as evidence and that's what the police did. It's not like they just pulled the guy over on a traffic stop and then searched his phone, he tried to sell drugs to a cop and got caught. Yeah and that picture of your girlfreind or wife's snatch that she just sent you is going to be viewed by the entire precinct as well. Embarassing/intimate things like that are things that are commonly on cell phones now days, especially among the younger demographic. So let's get this straight. I have a brick of coke on me and that gives the cops the right to view my wife naked? I don't think so. And you can counter by saying that kinda stuff shouldn't be on there but who is anyone to tell me what I should and shouldn't have on my phone as long as it's not illegal?

[bassman]

Yeah and that picture of your girlfreind or wife's snatch that she just sent you is going to be viewed by the entire precinct as well. Embarassing/intimate things like that are things that are commonly on cell phones now days, especially among the younger demographic. WTF? Are you serious? I would personally never do something like that. I mean....how easily can someone intercept that? Just like email. If you're willing to send that sort of stuff over any kind of network, there's no reason you should have a problem with a cop seeing it. Because he probably isn't the first... Then again, I'm not one of these "computer" phone people. I use a simple phone used for calling and receiving calls. I don't need any of that Iphone junk that makes the device everything BUT a phone. Don't get me started on text messaging. Fuckin kids.

[darth los]

WTF? Are you serious? I would personally never do something like that. I mean....how easily can someone intercept that? Just like email. If you're willing to send that sort of stuff over any kind of network, there's no reason you should have a problem with a cop seeing it. Because he probably isn't the first... Then again, I'm not one of these "computer" phone people. I use a simple phone used for calling and receiving calls. I don't need any of that Iphone junk that makes the device everything BUT a phone. Don't get me started on text messaging. Fuckin kids. Precisely why I singled out the younger demographic as that is common behavior for them. Everyone knows that pics, e mail, etc. can be intercepted and viewed but they do it anyway. Just looks at tiger woods, Brett favre, John edwards, Rex ryan. All these men in the last couple years have had things like that made public that were never intended for that purpose. Trust me Bass. Everyone does it. Just like no one watches porn yet in this country alone it's like a hundred billion dollar a year industry. Now whether they admit it or not is a seperate matter.

[bassman]

Porn I understand because you're watching it privately. Most likely nobody will catch you watching porn if you're doing it in your own home. But if you're willing to send out naked pictures of you and your spouse well.....you might as well be making your own porn and broadcasting it across the net. Again....it's not illegal. Just a poor choice if you choose to do so. So you would really have no room to complain about nude pictures if the cops search your phone. I would understand if you have bank account information or something. But again....if what you did is serious enough for them to go through your phone, you probably deserve it and most likely they'll get that information anyway...

[darth los]

But that's the point. You're not sending it "out". You're sending it to your significant other with the expectation that no one else is going to see it. Don't underestimate that whole expectation of privacy thing. It holds alot of weight in the courts. Furthermore, a trial judge said it was ok, so what? Many head scratching decisions have been put forth by lower trial courts only to be overturned in on appeal. This is only one judges opinion and I'll put money on what political party he belongs to.

[bassman]

But that's the point. You're not sending it "out". You're sending it to your significant other with the expectation that no one else is going to see it. Don't underestimate that whole expectation of privacy thing. I don't know the law side of things. That's your bag. I'm just saying that sending information across any sort of wireless or computer network pretty much automatically makes it public, so you should think of it as such. Just on a personal level, you should never expect those things to remain entirely private once they're sent out across the "airwaves". That's how I see it, anyway. It's like Facebook. I could put up pictures of my child in the bathtub or my wife in a bikini and set it to "friend view only".....but do you think my friends and family will be the only ones to see it? I think Facebook even has a clause that says once you upload it, you no longer own it. I think of sharing ANY information the same way. Once we commit ANYTHING to email, messaging, etc we're taking a chance of someone seeing or stealing it. Even "secure" credit card charges are often hacked. So if you're willing to have it on a computer device at all....you shouldn't be complaining about a cop seeing it through this new law. My .02 anyway...

[darth los]

You see guys? This is how you have a disagreement. We both have opposing views we stated and we move on. No snapping, insults or leaving the boards. Whoda thunk it right?

[LouCipherr]

Just curious but what exactly would it hurt? I agree, there's zero reasonable suspicion of being a drug dealer for example but why does it matter? If you get arrested for jay walking and then fucked up because of pictures of your pot plants or bricks of whatever on your cell phone then your a fucking idoit and deserve whats coming to you. It's not "what it hurts" it's the fact that they have NO RIGHT to dig through my phone if they arrested me for jaywalking and mouthing off to a cop. Why should I be expected to let them dig through my phone without resonable suspicion and without a warrant? Mouthing off to a cop shouldn't result in an unreasonable search & seizure, should it? This is exactly what this law states can be done. I have a major problem with that, as well as everyone else should, too. If you believe that only guilty suspects get arrested, then I assume Mr. Clean is an ironic nick? I'll have some of what you're having! This is the other major problem with this law. EvilNed is correct - does anyone out there honestly believe that only "guilty" people are arrested? If so, they're sorely mistaken. So, I'm arrested, though not guilty, and something on my phone is incriminating (no matter how "stupid" this is, some people do it) but if you were wrongfully arrested, you shouldn't be held accountable for anything else found because of that arrest & search - but we all know damn well this isn't going to happen. Yeah and that picture of your girlfreind or wife's snatch that she just sent you is going to be viewed by the entire precinct as well. Embarassing/intimate things like that are things that are commonly on cell phones now days, especially among the younger demographic. So let's get this straight. I have a brick of coke on me and that gives the cops the right to view my wife naked? I don't think so. And you can counter by saying that kinda stuff shouldn't be on there but who is anyone to tell me what I should and shouldn't have on my phone as long as it's not illegal? Darth Los is correct on this, and it's similar to what I was saying above with the wrongful arrests. On the flip side, I'm sure if you were arrested for having a kilo/brick of coke on you, they're going to want to see your phone to see who you're "dealing" with - that's one thing, but c'mon, people get arrested for a lot more minor things than a huge amount of drugs on them - what right does that give the cops to rummage through your phone or personal things? Because I get arrested for drinking & driving, that means you can take a look at my cell phone and my history of calls, apps I've downloaded, and pictures I have stored? I don't think so. **edited to add: Los is right - this is how debates and differing opinions should be discussed. Civil, straight-forward, non-name calling, and everyone can agree to disagree, but still get their opinion/thoughts out there.

[bassman]

I think you guys are WRONG. Bunch a yo-yos! Nobody wants you here, now leave!

[LouCipherr]

I think you guys are WRONG. Bunch a yo-yos! Nobody wants you here, now leave!

[EvilNed]

Again....it's not illegal. Just a poor choice if you choose to do so. So you would really have no room to complain about nude pictures if the cops search your phone. I would understand if you have bank account information or something. But again....if what you did is serious enough for them to go through your phone, you probably deserve it and most likely they'll get that information anyway... TBH Bassman... If it's NOT illegal, then this discussion is over and you lost.

[slickwilly13]

Do you have a picture of a snatch that you wish to share with the rest of the board?

[darth los]

Do you have a picture of a snatch that you wish to share with the rest of the board? Shit i got plenty ! LOLz But i doubt that would be in accordance with forum rules so... yeah i know. They never let us have any fun.

[Andy]

The key here is not to get arrested. No arrest. No worries. I don't have anything on my phone that would bother me if someone else seen it anyways. 100% agree. If you dont want police looking at your phone, dont get arrested. simple. If you believe that only guilty suspects get arrested, then I assume Mr. Clean is an ironic nick? I'll have some of what you're having! 100% disagree. you have to do something to be arrested, you have to give a police officer reasonable grounds or suspicion. you would not get taken into custody otherwise. Suggesting that the police arrest innocent members of the public 'just for kicks' sounds like the weak excuse of criminal to me.