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Old 01-04-2011, 10:00 AM
 
Location: 112 Ocean Avenue
5,706 posts, read 9,632,328 times
Reputation: 8932

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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

Read more: Court OKs searches of cell phones without warrant

Time to start carrying a landline phone with you. Cops will never find any naked pics of John or Jane Doe on one of those.
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Old 01-04-2011, 10:22 AM
 
7,150 posts, read 10,900,367 times
Reputation: 3806
I have already installed a large spool of phone line in the trunk of my car

... will also help me find my way home again from the mall ...

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Old 01-04-2011, 10:27 AM
 
Location: SW MO
23,593 posts, read 37,484,310 times
Reputation: 29337
Quote:
Originally Posted by nullgeo View Post
I have already installed a large spool of phone line in the trunk of my car

... will also help me find my way home again from the mall ...
DANG, Dude. Yours is push button. Mine still has a rotary dial!
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Old 01-04-2011, 10:51 AM
 
7,150 posts, read 10,900,367 times
Reputation: 3806
Quote:
Originally Posted by Curmudgeon View Post
DANG, Dude. Yours is push button. Mine still has a rotary dial!
My other car is a rotary ...
economy model ...
but we just use it around town


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Old 01-04-2011, 12:52 PM
 
457 posts, read 1,182,693 times
Reputation: 324
Quote:
Originally Posted by think first View Post
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

Read more: Court OKs searches of cell phones without warrant

Time to start carrying a landline phone with you. Cops will never find any naked pics of John or Jane Doe on one of those.
If you don't get arrested what does it matter? I am sure they get a lot of good evidence regarding crimes from cell phones.
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Old 01-04-2011, 01:00 PM
 
2,031 posts, read 2,988,918 times
Reputation: 1379
Quote:
Originally Posted by Think About It! View Post
If you don't get arrested what does it matter? I am sure they get a lot of good evidence regarding crimes from cell phones.
It's always a good idea to demand that the state demonstrate why it needs access to whatever it wants to access, not to put the onus on individuals to demonstrate why they want to preserve their privacy. The fact that I've never been arrested, don't imagine that I ever will be arrested, and have nothing to hide on my cell phone still doesn't make we want to run out and surrender right to keep private whatever mundane and non-incriminatory information I do keep on my phone.

That said, I have not yet read this decision and I do not have an opinion on it. I do know that the California Supreme Court is not the first court to reach this decision; the U.S. Fifth Circuit reached a similar conclusion several years ago. As the cases build up, the Supreme Court will probably address the issue directly and eliminate the circuit splits.
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Old 01-04-2011, 01:47 PM
 
25,619 posts, read 36,707,101 times
Reputation: 23295
Easy, keep the keypad locked. If they want the code. Talk with my lawyer and get a warrant. How simple was that? Maybe the cop will get pissed and smack me around so
I can make a cool couple of million off the tax payers.
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Old 01-04-2011, 04:53 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,041,502 times
Reputation: 13472
I haven't read about it yet, but in talking with colleagues, as far as I've heard, it's something law enforcement will be able to have access to if a person is arrested for buying/selling drugs. Something like this will likely be heard by the US Supreme Court because it raises a whole bunch of Constitutional issues. I'll have to check it out at my leisure.
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Old 01-04-2011, 06:37 PM
 
Location: Central Texas
13,714 posts, read 31,180,231 times
Reputation: 9270
Quote:
Originally Posted by Voyageur View Post
It's always a good idea to demand that the state demonstrate why it needs access to whatever it wants to access, not to put the onus on individuals to demonstrate why they want to preserve their privacy. The fact that I've never been arrested, don't imagine that I ever will be arrested, and have nothing to hide on my cell phone still doesn't make we want to run out and surrender right to keep private whatever mundane and non-incriminatory information I do keep on my phone.

That said, I have not yet read this decision and I do not have an opinion on it. I do know that the California Supreme Court is not the first court to reach this decision; the U.S. Fifth Circuit reached a similar conclusion several years ago. As the cases build up, the Supreme Court will probably address the issue directly and eliminate the circuit splits.
I agree. A phone today is not the same as it was ten years ago. Today's smartphone is nearly a laptop from a few years ago - which is hardly a personal effect, and protected from searches. A smartphone should have the same protection. Just because it is small enough to fit in a pocket doesn't mean it shouldn't require a warrant for a search of its contents.
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Old 01-05-2011, 11:29 PM
 
30,896 posts, read 36,965,098 times
Reputation: 34526
Quote:
Originally Posted by Think About It! View Post
If you don't get arrested what does it matter? I am sure they get a lot of good evidence regarding crimes from cell phones.
When I see statements like this I"m just shocked and horrified

The government is encroaching on our rights more and more in a million different ways, this just being one more installment, and people don't even notice
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