Law Forum : Police making cellphone searches without a warrant - 4th amendment case before SCOTUS

Kadijah

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Apr 7, 2013
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In a major test of how the Fourth Amendment’s prohibition on unreasonable search and seizure will be interpreted in the Internet age, the Supreme Court this week heard oral arguments in two cases addressing whether police need a warrant to examine the cellphones of people they arrest. Lawyers for the Department of Justice argued that warrantless searches are justified by the need to prevent the destruction of evidence, such as incriminating emails and photos, and that checking a suspect’s phone is no different from examining their wallet or address book for evidence.

Justice Antonin Scalia appeared sympathetic to that argument, at least in certain cases. But other justices said the sheer amount of data that can be stored on smartphones might require a different approach to the Fourth Amendment. “We’re living in a new world,” said Justice Anthony Kennedy. “Someone arrested for a minor crime has their whole life exposed on this little device.”

http://theweek.com/article/ppArticle/667/24544
 

JuneBugg

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Jul 29, 2002
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As a whole SCOTUS have sided with the power and establishment most of the time. Scalia plays that little game, he will say things that seem he is slightly sympathetic with the powerless and minority but comes down hard in favor of the establishment and powerful. He does that to muddy the optics that he is indeed biased and promote conservative causes. If it means it will put more people of color in jail he will rule to have our cracks examined in the streets. Next to Clarence, he is the most incompetent Justice in the history of SCOTUS.

Clarence, Scalia and Roberts are personal friends of the Koch brothers and Alito always rules conservative and those 4 are reliable to vote in favor of the death penalty, expanded police powers and restrictions on abortion, big business, oligarchs and plutocrats. All 3 attend Koch brother meetings and go on vacations with them. Clarence got a Thomas Jefferson Bible from one of the Koch brothers for spit shining his shoes. Kennedy is the so called swing vote but if you notice he swings when it does not hurt business and the establishment, Kennedy voted in favor of Bush in Bush vs Gore when the SCOTUS picked the president in 2000 amid the Florida vote counting mess. This SCOTUS is the most conservative in modern history.
 

Kadijah

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I was thinking more along the lines of a cop having the authority to rummage through my cell phone.... without a warrant. You know, like being stopped for DWB and demanding not only your license, but your cell phone to check your texts, pix, previous calls, etc.? :10500:
 

JuneBugg

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Jul 29, 2002
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I was thinking more along the lines of a cop having the authority to rummage through my cell phone.... without a warrant. You know, like being stopped for DWB and demanding not only your license, but your cell phone to check your texts, pix, previous calls, etc.? :10500:
Yes in a case they can do that as of now and been doing it for a long time if for some reason they are investing you, they don't need your phone much of that data can come from your cell phone provider. If you watch The Next 48 hrs that is one of the first things they do in a investigation. I'm not sure if they have the power to do it on the spot like that, DWB, I don't think so but you know cops do whatever they want. If you don't have a private lawyer, they can get away with almost anything and that is what they bet on, you can't afford a lawyer so they can railrode you.
 

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