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Old 01-05-2011, 10:39 AM
 
Location: Cardboard box
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Glad I don't live in California
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Old 01-05-2011, 10:45 AM
 
Location: Texas
14,076 posts, read 20,521,713 times
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Originally Posted by LakeShoreSoxGo View Post
Glad I don't live in California
Why? Do you object to living under the rule of law?
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Old 01-05-2011, 10:49 AM
 
Location: Houston, Tx
3,644 posts, read 6,302,789 times
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Quote:
Originally Posted by txgolfer130 View Post
I have encryption software from France. The company doesn't give the NSA/CIA/FBI the key/backdoor. It can be cracked I'm sure it's only 192 bits, but it will take several days.
I have some from Finland for the same reason. 380-some bits, based on a derivitive of the blowfish algorithm.

I think the search of electronic devices during a police stop is wrong. The precident was a search of physical objects and the two are not in any way similar. A physical object could house a weapon or other substance that could be a danger to the arresting officers and needs to be searched. Electronic information is in no way a danger and shoulr require a warrent. At most, it could be an implement in afurther crime, such as a drug dealer's phone. In that case the officers should have no trouble getting a warrant to search it. What if a person is arrested while carrying a laptop? Can it also be searched? If evidence of a "crime" such as nude pictures of a 16-year old are found can the person be charged? It is crazy and I am not surprised this ruling came from California.
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Old 01-05-2011, 10:53 AM
 
Location: Texas
14,076 posts, read 20,521,713 times
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Originally Posted by rogerbacon View Post
I have some from Finland for the same reason. 380-some bits, based on a derivitive of the blowfish algorithm.

I think the search of electronic devices during a police stop is wrong. The precident was a search of physical objects and the two are not in any way similar. A physical object could house a weapon or other substance that could be a danger to the arresting officers and needs to be searched. Electronic information is in no way a danger and shoulr require a warrent. At most, it could be an implement in afurther crime, such as a drug dealer's phone. In that case the officers should have no trouble getting a warrant to search it. What if a person is arrested while carrying a laptop? Can it also be searched? If evidence of a "crime" such as nude pictures of a 16-year old are found can the person be charged? It is crazy and I am not surprised this ruling came from California.

As a counterpoint, there was a young woman here arrested on some charge who was a known meth user. Her cellphone was checked, revealing a phone number which led officers to a major meth lab, which they busted and arrested several people for manufacturing and intent to distribute.

What's wrong with that?
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Old 01-05-2011, 12:07 PM
 
Location: Houston, Tx
3,644 posts, read 6,302,789 times
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Originally Posted by stillkit View Post
As a counterpoint, there was a young woman here arrested on some charge who was a known meth user. Her cellphone was checked, revealing a phone number which led officers to a major meth lab, which they busted and arrested several people for manufacturing and intent to distribute.

What's wrong with that?
Nothing wrong with that. Having arrested the user, I am sure the police would have no difficulty in getting a warrent for her pjhone to get the dealer's number. More likely the ywould probably just flip her to turn on the dealer for a ligher sentence.
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Old 01-05-2011, 12:30 PM
 
31,387 posts, read 37,032,019 times
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Originally Posted by stillkit View Post
Why? Do you object to living under the rule of law?
Well when it comes to this ruling, in my opinion, it is just flat out wrong. Searches incident to arrest have been sanctioned under the reasonableness of securing the arresting officer's safety or to preserve evidence, as the dissenting Justices pointed out,
“there is apparently no ‘app’ that will turn an iPhone into an effective weapon for use against an arresting officer (and if there were, officers would presumably seek to disarm the phone rather than search its data files).”
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Old 01-05-2011, 12:33 PM
 
31,387 posts, read 37,032,019 times
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Quote:
Originally Posted by stillkit View Post
Her cellphone was checked, revealing a phone number which led officers to a major meth lab, which they busted and arrested several people for manufacturing and intent to distribute.

What's wrong with that?
Absent any real facts it is hard to say, for example you didn't state whether or not a warrant was obtained to search the cell phone nor do you establish whether or not a warrant was obtained to search the meth lab all of which I would think were indeed granted to the police based upon standing court decisions.
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Old 01-05-2011, 12:38 PM
 
Location: Texas
14,076 posts, read 20,521,713 times
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Originally Posted by ovcatto View Post
Absent any real facts it is hard to say, for example you didn't state whether or not a warrant was obtained to search the cell phone nor do you establish whether or not a warrant was obtained to search the meth lab all of which I would think were indeed granted to the police based upon standing court decisions.

No warrant was issued for the cell phone, but it was for the meth lab, so far as I know.
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Old 01-05-2011, 12:39 PM
 
Location: Texas
14,076 posts, read 20,521,713 times
Reputation: 7807
Quote:
Originally Posted by ovcatto View Post
Well when it comes to this ruling, in my opinion, it is just flat out wrong. Searches incident to arrest have been sanctioned under the reasonableness of securing the arresting officer's safety or to preserve evidence, as the dissenting Justices pointed out,
“there is apparently no ‘app’ that will turn an iPhone into an effective weapon for use against an arresting officer (and if there were, officers would presumably seek to disarm the phone rather than search its data files).”

You neglected to comment on the "preserve evidence" part of that post.
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Old 01-05-2011, 12:41 PM
 
31,387 posts, read 37,032,019 times
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Originally Posted by stillkit View Post
You neglected to comment on the "preserve evidence" part of that post.
I'm sorry.

If the idea was to preserve evidence, they had the cell phone in their possession and like the iPhone app that turns your phone into a lethal weapon, I know of no app that deletes its data just because some else is holding it.
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