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

[LouCipherr]

Well isn't this just a peach: Source:CA Court OK's searches of cell phones without warrant Text (edited) from article: The California Supreme Court allowed police Monday to search arrestees’ cell phones without a warrant, saying defendants lose their privacy rights for any items they’re carrying when taken into custody. Under U.S. Supreme Court precedents, “this loss of privacy allows police not only to seize anything of importance they find on the arrestee’s body … but also to open and examine what they find,” the state court said in a 5-2 ruling. The majority, led by Justice Ming Chin, relied on decisions in the 1970s by the nation’s high court upholding searches of cigarette packages and clothing that officers seized during an arrest and examined later without seeking a warrant from a judge. The dissenting justices said those rulings shouldn’t be extended to modern cell phones that can store huge amounts of data. Monday’s decision allows police “to rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer merely because the device was taken from an arrestee’s person,” said Justice Kathryn Mickle Werdegar, joined in dissent by Justice Carlos Moreno. [...] “This has an impact on the day-to-day jobs of police officers, what kind of searches they can conduct without a warrant when they arrest someone,” she said. “It takes it into the realm of new technology.” [...] Although the court has never ruled on police searches of cell phones, Wilson argued that it has signaled approval by allowing officers to examine the contents of arrestees’ wallets without a warrant. So, every app, every eBook, every email, every everything on your iPhone is now open to the cops if they arrest you, even if they arrest you on phony charges just just to look through your phone? Sure, the arrest gets tossed, but they now have your data. WTF?! Someone tell me: where is this "land of the free" people keep talking about? It seems to be withering on the vine if it even exists at this point.

[bassman]

So, someone tell me: where is this "land of the free" people keep talking about? It's never been that, Lou. Go ahead and forget that myth. While I may not necessarily agree with this, I also don't see that big of a problem. I'm sure they won't bother with your phone if you're arrested for minor charges, but if you're taken in for pounds and pounds of drug trafficing, then yeah....it could lead them to bigger fish. Looking through your phone isn't that big of a privacy issue when you consider they scope out your brown eye when you're on the way in.

[darth los]

What do you mean? Of course we're free. Free to do what they tell us.

[LouCipherr]

It's never been that, Lou. Go ahead and forget that myth. I want to believe it, but what I see around me destroys the illusion. While I may not necessarily agree with this, I also don't see that big of a problem. I'm sure they won't bother with your phone if you're arrested for minor charges, but if you're taken in for pounds and pounds of drug trafficing, then yeah....it could lead them to bigger fish. Looking through your phone isn't that big of a privacy issue when you consider they scope out your brown eye when you're on the way in. I get what you're saying bassman, but I respectfully beg to differ. If they had a warrant for searching my phone, that's one thing, but I see no reason why they should be able to dig through my phone just because I was arrested, especially without a warrant to do so. While you and I may not have anything of much importance on our phones, some people put their whole lives in their phones - what business is that of the cops? None. It's just another brick removed from our personal walls of privacy, and to me, that's unacceptable. They can't search your car or your house without a warrant (or "resonable suspicion") - why is your phone any different? If I get arrested for drunk driving, why does the cop want to dig through my phone (and you know damn well now that they "can" they will)? It makes no sense. Just sayin'... What do you mean? Of course we're free. Free to do what they tell us. Exactly. Let's take it one step further: What if a person is arrested and carrying a laptop? Can the police inventory that too? What is the difference between a laptop and a cell phone? Nothing except the amount of plastic used. Let’s say that the police are going on a fishing expedition of the staff of a particular attorney who happens to be defending someone rather unpopular... No more attorney/client privilege. Of course anything gathered as a result of this should be suppressed, but good luck with that.

[bassman]

They can't search your car or your house without a warrant (or "resonable suspicion") You might as well forget that right now, dude. You would be surprised what qualifies as "reasonable suspicion". Seriously....it's bullshit. They can do what they want.

[BillyRay]

In the Government's defense, we ARE at war with Eurasia...

[slickwilly13]

I do not know about the other 49 States, but over here if you are arrested when pulled over. The police can strip your car down if they feel like it.

[darth los]

Well, as a Law student and paralegal it would seem to me that anything potentially containing personal/private/ incriminating information has to be reviewed with the highest scrutiny. It gets really prickly whenever there is an expectation of privacy. Some expect that when they put/recieve certain information via cell phone that no one else is going to read it. Just as it is in your home. You have a brick of cocaine in there because you expect that no one is going to come into your private residence and search it. Otherwise you wouldn't keep it there. ---------- Post added at 03:50 PM ---------- Previous post was at 03:49 PM ---------- I do not know about the other 49 States, but over here if you are arrested when pulled over. The police can strip your car down if they feel like it. "The cops at night, are big and white....Deep in the heart of Texas ! "

[LouCipherr]

You might as well forget that right now, dude. You would be surprised what qualifies as "reasonable suspicion". Seriously....it's bullshit. They can do what they want. I know, and I agree. Unfortunately I've seen it happen (not to myself, thank god) and that's exactly the problem. Well, as a Law student and paralegal it would seem to me that anything potentially containing personal/private/ incriminating information has to be reviewed with the highest scrutiny. You would think, wouldn't ya? Unfortunately it doesn't seem that's the way these particular laws are going. If an attorney or paralegal was arrested, same thing could happen to them. It's horseshit, I say. It gets really prickly whenever there is an expectation of privacy. Some expect that when they put/recieve certain information via cell phone that no one else is going to read it. I know, it's sad when we have 'expectations of privacy' when, in this country, it's obvious they're trying to make the idea of "privacy" a moot point. I do not know about the other 49 States, but over here if you are arrested when pulled over. The police can strip your car down if they feel like it. Yes, it's the same here - but that's your car. What if you jaywalk, then mouth off to the cop - what if he arrests you for that - does he have a right to dig through your phone? I think not. There's zero reasonable suspicion, so what gives? Just because you mouth off to the cop and end up arrested, that doesn't mean he can say, "hey, this dude might be a potential terrorist!" then search everything on your person. ..then again, that's what we do here in the good ol' US of A now, isn't it? It's sickening, and annoying. I don't know why I get worked up over this shit. It's not like it's going to change. I can bitch 'till I turn blue in the face and nothing will happen. Why do I bother?!

[slickwilly13]

The only way I could see a police officer in the right for searching through someone's cell would probably cause. Such as a murder supect or a sexual predator hanging around a daycare and taking pictures of kids at the playground with the phone. And was caught in the act doing it.

[LouCipherr]

The only way I could see a police officer in the right for searching through someone's cell would probably cause. Such as a murder supect or a sexual predator hanging around a daycare and taking pictures of kids at the playground with the phone. And was caught in the act doing it. That would be probable cause, and I agree with you 100%. Unfortunately, this law takes it quite a few steps further than that.

[acealive1]

just say "hold on while i unlock it" then go ahead and blank your phone

[bassman]

If they get serious with this checking cell phones thing, I doubt you'll have an opportunity to erase it. They would most likely take it from you the moment you're under arrest on the street just like they do with any other potential evidence.

[Mr. Clean]

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. ---------- Post added at 08:13 PM ---------- Previous post was at 08:02 PM ---------- Yes, it's the same here - but that's your car. What if you jaywalk, then mouth off to the cop - what if he arrests you for that - does he have a right to dig through your phone? I think not. There's zero reasonable suspicion, so what gives? Just because you mouth off to the cop and end up arrested, that doesn't mean he can say, "hey, this dude might be a potential terrorist!" then search everything on your person. 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.

[DeadJonas190]

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.