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Thread: Court OKs searches of cell phones without warrant

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    Court OKs searches of cell phones without warrant

    If police need a warrant to search someone home then they should need a warrant to search someone's phone. Leave it to the left circuit to make another wrong decision.

    Court OKs searches of cell phones without warrant
    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.


    Read more: Court OKs searches of cell phones without warrant
    Last edited by jamesrage; 01-05-11 at 04:54 PM.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by jamesrage View Post
    If police need a warrant to search someone home then they should need a warrant to search someone's phone. Leave it to the left circuit to make another wrong decision.


    Court OKs searches of cell phones without warrant
    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.


    Read more: Court OKs searches of cell phones without warrant
    I disagree with the ruling as well. But don't try to paint this as a "left-wing" decision. It is much more of a right-wing issue...and if you know anything about the California Supreme Court you would know that it is a right-wing court with most of the justices coming from Republican appointments.

    Moreno (the dissent) is the only good one on the court, also the only left-leaning moderate....and the only one appointed by a Democrat.
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    Re: Court OKs searches of cell phones without warrant

    Yay! Big Brother is going to save us all!
    You know the time is right to take control, we gotta take offense against the status quo

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by Ikari View Post
    Yay! Big Brother is going to save us all!
    First person to say "if you haven't done anything wrong..." gets a beating.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by jamesrage View Post
    If police need a warrant to search someone home then they should need a warrant to search someone's phone.
    Those are hardly the same thing. We're talking about a search of a cell phone that was seized in the course of a lawful arrest, and thus already in police custody. The dissent's argument is absurd. California law already says that a pack of cigarettes seized in such a manner can be searched. There is no reason why a cell phone should be subject to more protection just because it can carry more data.

    This is a legitimate search, and the decision is good law.
    Last edited by Guy Incognito; 01-05-11 at 10:33 PM.

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by Guy Incognito View Post
    Those are hardly the same thing. We're talking about a search of a cell phone that was seized in the course of a lawful arrest, and thus already in police custody. The dissent's argument is absurd. California law already says that a pack of cigarettes seized in such a manner can be searched. There is no reason why a cell phone should be subject to more protection just because it can carry more data.

    This is a legitimate search, and the decision is good law.
    If California law violates the constitution then it doesn't what their law says.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by jamesrage View Post
    If California law violates the constitution then it doesn't what their law says.
    California law doesn't violate the Constitution, the California courts have interpreted the Constitution correctly that a warrantless search incident to lawful arrest of personal property is allowable. If you think that the California courts have misinterpreted the Constitution, the SCOTUS apparently does not agree with you. I'd be very interested to see your argument that such a search is unlawful; the "cell phones carry lots of data therefore can't be searched" argument used in the left-wing dissent of this case sure doesn't hold water. What is your argument?

    Look at the situation: The man was lawfully arrested and his phone was legitimately seized. If the police needed a warrant to search the phone then they would have had no trouble getting one. But that would be a waste of resources, particularly considering that a warrant is not Constitutionally required for such a search. The whole thing is much ado about nothing.
    Last edited by Guy Incognito; 01-06-11 at 10:40 PM.

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    Re: Court OKs searches of cell phones without warrant

    I am very not okay with this.

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    Re: Court OKs searches of cell phones without warrant

    Imo this current California Supreme Court isn't very tech savvy. Really bad decision. This is a blow against individual liberty.

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    Re: Court OKs searches of cell phones without warrant

    Quote Originally Posted by Albert Di Salvo View Post
    Imo this current California Supreme Court isn't very tech savvy. Really bad decision. This is a blow against individual liberty.
    It really isn't. Unless you can show me where in the Constitution there is a warrant requirement to search a cell phone of a person who is in lawful custody. Or perhaps you could explain what language the Framers used that gave more protection to a cell phone than a pack of cigarettes.

    Quote Originally Posted by Goshin View Post
    I am very not okay with this.
    Why not? I've seen a lot of people complaining about this but so far I have not seen one argument as to what is wrong with this decision.
    Last edited by Guy Incognito; 01-06-11 at 11:31 PM.

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