Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Police cannot generally search cellphones without a warrant when they are arresting someone, the U.S. Supreme Court ruled in a unanimous decision Wednesday that weighs heavily in favor of Fourth Amendment and privacy rights.
I think this is a great decision for privacy rights in general, and 4th Amendment rights in particular. The principles of the constitution are as valid today as ever, but technology and how it impacts our lives, and the issues of private vs public in the age of electronic communication have significantly changed in just the last 10-15 years.
I think this is a great decision for privacy rights in general, and 4th Amendment rights in particular. The principles of the constitution are as valid today as ever, but technology and how it impacts our lives, and the issues of private vs public in the age of electronic communication have significantly changed in just the last 10-15 years.
Excellent and crucial point! It is a good decision on the SCOTUS's part. I wonder if this ruling will apply to other devices that people carry on their person, like ipads and other tablets.
Police cannot generally search cellphones without a warrant when they are arresting someone, the U.S. Supreme Court ruled in a unanimous decision Wednesday that weighs heavily in favor of Fourth Amendment and privacy rights.
Rare? Most Supreme Court decisions are actually unanimous. People only pay attention to the most heavily publicized ones though.
This decision had the potential of being heavily politicized...or maybe not. This is probably one of the few things that bring the extremes around to join the circle.
So does this decision neuter a lot of the state laws passed in recent years banning texting while driving? How would a cop be able to inspect your phone if he first needs to get a warrant?
So does this decision neuter a lot of the state laws passed in recent years banning texting while driving? How would a cop be able to inspect your phone if he first needs to get a warrant?
Police can get fast warrants when "warranted" by the situation. If the officer actually sees a person using the phone or if there is an accident and the phone is laying conspicuously on the front seat or somewhere, all it will take is a radio call.
But it will prevent "stop and frisks" that are really fishing trips.
I think this is a great decision for privacy rights in general, and 4th Amendment rights in particular. The principles of the constitution are as valid today as ever, but technology and how it impacts our lives, and the issues of private vs public in the age of electronic communication have significantly changed in just the last 10-15 years.
Agreed. This would be like the police stopping you and opening and searching your mail in the 19th century without a warrant.
Quote:
Originally Posted by Old Monkey
Excellent and crucial point! It is a good decision on the SCOTUS's part. I wonder if this ruling will apply to other devices that people carry on their person, like ipads and other tablets.
I don't think there is any question--it applies to tablets and laptops as much as to phones.
Quote:
Originally Posted by Ralph_Kirk
This decision had the potential of being heavily politicized...or maybe not. This is probably one of the few things that bring the extremes around to join the circle.
This Court has been pretty strong on the 4th Amendment for quite some time. It is a politicized issue outside the Court, but these Justices seem pretty closely aligned on the 4th.
Quote:
Originally Posted by slcity
So does this decision neuter a lot of the state laws passed in recent years banning texting while driving? How would a cop be able to inspect your phone if he first needs to get a warrant?
A police officer does not need to inspect your phone to cite you for "texting while driving." If an officer physically observes you using your cell phone to text while driving, then the officer has observed a cite-able offense, which gives probable cause to stop you and issue the citation. The officer does not need to inspect your phone for confirmation. In some states, simply using your phone while driving is an offense.
Quote:
Originally Posted by Ralph_Kirk
Police can get fast warrants when "warranted" by the situation. If the officer actually sees a person using the phone or if there is an accident and the phone is laying conspicuously on the front seat or somewhere, all it will take is a radio call.
But it will prevent "stop and frisks" that are really fishing trips.
It is not true that an officer can just make a radio call and get a warrant. A warrant must be issued by a judge, and it is not going to be issued because a phone is in a car. If an officer sees a person texting, there is no need for a warrant, as the officer has observed an offense and can simply issue a citation.
This ruling will not prevent "stop and frisks" at all. There are really two types of stop and frisk--the legal ones and the illegal ones--neither of which will be stopped by this ruling. The legal stop and frisks, also known as "Terry stops," occur where an officer has a reasonable suspicion based on facts about an individual that the individual has committed a crime. That suspicion allows the "stop" to occur. The officer may conduct the frisk as a safety measure if there is reason to believe that the person possesses a weapon.
Some police departments have decided to simply stop and frisk people in high-crime areas. Those are not lawful under the 4th Amendment without reasonable suspicion, and evidence obtained through such stop and frisk searches should be suppressed by a court. That is not to say, however, that those stops will be prevented--just that evidence should eventually be suppressed.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
