I find it hard to believe an officer who took an oath to follow the constitution would think for a second he or she can search a person's private property without a warrant. Besides the fact warrants are not that hard to get.
Terry, how do you know they're easy to get? We never hear about the warrants that are turned down upon request. There could be a large percentage that are turned down.
Used to be a time a mobile phone was just a phone. Then contact lists were added, then text, then e-mail ... now you're whole damn personhood can be on that piece of tile in your pocket.
When a police officer arrests somebody, they're allowed to search their person, personal effects (look, for example, in the wallet for razor blades) and immediate vicinity, such as their car, without a warrant. They cannot, per se, then proceed to your home miles away and search it without a warrant.
So you have your phone on your person at time of arrest -- is that like searching your wallet or is it like going to your home? That's what the court, a technology challenged court, must decide.
Complicating matters further is concern that if the phone does contain pertinent criminal information, how do officers secure that information if they can't access the phone. It's a simple matter these days for somebody involved in a criminal enterprise to arrange for a third-party under prescribed circumstances to wipe the phone of all its contents from a remote location. There are steps to block that, but they're not without limitations.
That said, unrestricted law enforcement access to smartphones, is in my mind, a recipe for abuse. A warrant should be required. These phones have become repositories of people's lives and the government shouldn't have the power to intrude on that without establishing a sufficient case to believe the phone contains relevant criminal information.
Hmmm tough question. Can't they already get the needed info from NSA without a warrant? I'm not quite sure how Police/State Police/NSA work together. I do know that NSA collects everything on everybody now though..so our "rights" and the constitution have already been violated as far as I'm concerned!
Doug, due to the recent supreme court ruling that a warrant can be issued with no hard evidence just a anonymous tip leads me to believe it's quite easy.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Doug, over the past 6 years our "rights" have been greatly eroded by congress and especially by the new found "power" of the executive pen. The constitution is now considered to be an artifact that doesn't apply today. See the 1st and 2nd amendments.
It's frightening.
If we fail to keep the democrats out of the majority in the House and fail to take over the majority in the Senate - by TRUE republicans and conservatives to keep the administration (especially obama and holder) it's going to be far worse.
When my granddaughter was born, I was afraid of what our society will have become by the time she was an adult. My worst fears have come true - and she's only 7.
I will take a guess that
I will take a guess that those who voted no also believe that the 4th amendment should be abolished followed by the 1st, 2nd, 3rd, 5th...
I find it hard to believe an
I find it hard to believe an officer who took an oath to follow the constitution would think for a second he or she can search a person's private property without a warrant. Besides the fact warrants are not that hard to get.
Terry, how do you know
Terry, how do you know they're easy to get? We never hear about the warrants that are turned down upon request. There could be a large percentage that are turned down.
It's more complicated than
It's more complicated than that.
Used to be a time a mobile phone was just a phone. Then contact lists were added, then text, then e-mail ... now you're whole damn personhood can be on that piece of tile in your pocket.
When a police officer arrests somebody, they're allowed to search their person, personal effects (look, for example, in the wallet for razor blades) and immediate vicinity, such as their car, without a warrant. They cannot, per se, then proceed to your home miles away and search it without a warrant.
So you have your phone on your person at time of arrest -- is that like searching your wallet or is it like going to your home? That's what the court, a technology challenged court, must decide.
Complicating matters further is concern that if the phone does contain pertinent criminal information, how do officers secure that information if they can't access the phone. It's a simple matter these days for somebody involved in a criminal enterprise to arrange for a third-party under prescribed circumstances to wipe the phone of all its contents from a remote location. There are steps to block that, but they're not without limitations.
That said, unrestricted law enforcement access to smartphones, is in my mind, a recipe for abuse. A warrant should be required. These phones have become repositories of people's lives and the government shouldn't have the power to intrude on that without establishing a sufficient case to believe the phone contains relevant criminal information.
Hmmm tough question. Can't
Hmmm tough question. Can't they already get the needed info from NSA without a warrant? I'm not quite sure how Police/State Police/NSA work together. I do know that NSA collects everything on everybody now though..so our "rights" and the constitution have already been violated as far as I'm concerned!
Doug, due to the recent
Doug, due to the recent supreme court ruling that a warrant can be issued with no hard evidence just a anonymous tip leads me to believe it's quite easy.
http://criminal.findlaw.com/c
http://criminal.findlaw.com/criminal-rights/search-warrant-requirements…
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
http://www.npr.org/2014/04/22/305993180/court-gives-police-new-power-to…
The five-justice court majority disagreed, and in so doing gave police new authority to rely on anonymous tipsters.
Terry, I had not heard about that! Looks like another case of "throw the constitution into the garbage!"
Current cell phones are on
Current cell phones are on par with computers, and should be treated as such. I wonder how tablets are treated - similar to phones or laptops?
"The right of the people to
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Doug, over the past 6 years our "rights" have been greatly eroded by congress and especially by the new found "power" of the executive pen. The constitution is now considered to be an artifact that doesn't apply today. See the 1st and 2nd amendments.
It's frightening.
If we fail to keep the democrats out of the majority in the House and fail to take over the majority in the Senate - by TRUE republicans and conservatives to keep the administration (especially obama and holder) it's going to be far worse.
When my granddaughter was born, I was afraid of what our society will have become by the time she was an adult. My worst fears have come true - and she's only 7.
No vote or comment.....I
No vote or comment.....I don't own a cell phone....believe it or not.....