Cell Phones can be searched in Cali???

[Belgian_Draft 0]

http://reno.injuryboard.com/miscellaneous/california-supreme-court-police-can-search-your-cell-phone.aspx?googleid=287324

Cali Supreme Court rules cell phones can be searched.
Now THAT is something worth protesting!

HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

[quade 3]

Well, it looks as if it has to be in conjunction with a legal arrest. Not that it makes it much better, but if you're using a cell phone to aid you in committing crimes, you were kind of an idiot to be texting in plain language to begin with.

quade -
The World's Most Boring Skydiver

[Andy9o8 0]

I'm surprised that the majority voted that way. IM(P)O, there should have been a search warrant first. Wonder if it will go up to SCOTUS.

[Belgian_Draft 0]

Quote

I'm surprised that the majority voted that way. IM(P)O, there should have been a search warrant first. Wonder if it will go up to SCOTUS.

I agree and hope this gets overturned fast.

HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

[Andy9o8 0]

Quote

Quote

I'm surprised that the majority voted that way. IM(P)O, there should have been a search warrant first. Wonder if it will go up to SCOTUS.

I agree and hope this gets overturned fast.

I'd handicap it at 60/40 the SCOTUS will hear the case, and 50/50 on the decision itself.

[rehmwa 2]

Quote

I'd handicap it at 60/40 the SCOTUS will hear the case, and 50/50 on the decision itself.

Of course it'll be 50/50

but which side will think it's ok and which will fake outrage and vote the other way.

Dem appointees - because people don't need privacy and all info is property of the guv'ment

or

Rep appointees - because, seriously, if you have nothing to hide, why are you worred?

the only thing I do know - is whichever side picks a position first, the other side will quickly align to fight them "for the children"

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[kelpdiver 2]

Quote

Cali Supreme Court rules cell phones can be searched.
Now THAT is something worth protesting!

selective vision with regards to civil rights rarely works out well for society. Either you're for them, or against them.

The unsaid part of this decision is what would happen if the user had the simple pin code to lock his phone, or more robust encryption? Can the owner be compelled to release it on request, with a warrant, at all? It's self incriminating.

I see a market now for SafeSMS apps.

[Belgian_Draft 0]

Quote

Quote

Cali Supreme Court rules cell phones can be searched.
Now THAT is something worth protesting!

selective vision with regards to civil rights rarely works out well for society. Either you're for them, or against them.

The unsaid part of this decision is what would happen if the user had the simple pin code to lock his phone, or more robust encryption? Can the owner be compelled to release it on request, with a warrant, at all? It's self incriminating.

I see a market now for SafeSMS apps.

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

[kelpdiver 2]

the word you're looking for is "implied" consent.

Did you consent to any measure, regardless of its value to public safety? Apparently - but some of us have a different view on the TPSA (Transportation Perceived Security Administration).

The other obvious difference here is that the arrested person is under suspicion for an actual crime.

[Belgian_Draft 0]

Quote

the word you're looking for is "implied" consent.

Did you consent to any measure, regardless of its value to public safety? Apparently - but some of us have a different view on the TPSA (Transportation Perceived Security Administration).

The other obvious difference here is that the arrested person is under suspicion for an actual crime.

No, I do not.

HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

[david3 0]

Quote

Quote

Quote

Cali Supreme Court rules cell phones can be searched.
Now THAT is something worth protesting!

selective vision with regards to civil rights rarely works out well for society. Either you're for them, or against them.

The unsaid part of this decision is what would happen if the user had the simple pin code to lock his phone, or more robust encryption? Can the owner be compelled to release it on request, with a warrant, at all? It's self incriminating.

I see a market now for SafeSMS apps.

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

So then haven’t you consented to a search when you decide to have a cell phone in California? If you know it is a possibility and choose to have a cell phone anyway, haven’t you consented?

.

[Andy9o8 0]

Quote

Quote

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

So then haven’t you consented to a search when you decide to have a cell phone in California? If you know it is a possibility and choose to have a cell phone anyway, haven’t you consented?

No. An airport search is implied consent. By contrast, the cell phone search in this story was a "search incident to arrest", which is a search that (ostensibly) becomes legal because the person has been arrested.

So this ruling does not mean that anyone in Cali is subject to getting their cell phone searched. It means (unless it's overturned, as I think appropriate) only that if you are arrested in Cali, your cell phone is subject to search without a search warrant.

[rushmc 18]

The cell search in Cali can be done without your consent.

[rushmc 18]

Quote

Quote

Quote

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

So then haven’t you consented to a search when you decide to have a cell phone in California? If you know it is a possibility and choose to have a cell phone anyway, haven’t you consented?

No. An airport search is implied consent. By contrast, the cell phone search in this story was a "search incident to arrest", which is a search that (ostensibly) becomes legal because the person has been arrested.

So this ruling does not mean that anyone in Cali is subject to getting their cell phone searched. It means (unless it's overturned, as I think appropriate) only that if you are arrested in Cali, your cell phone is subject to search without a search warrant.

That makes sense
It's like them going through your car for probable cause (after a stop or arrest) to some extent too is it not? I think they do not need warrents for those searches do they?

(I am asking only, I do not support the ability to do this)

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[lawrocket 3]

I'll need to read this. My first sense is, "this makes a mockery of the 4th Amendment and of the California Constitution's right to privacy.". Say someone is pinched for a traffic warrant. Now that person's cell phone will be gone through in an attempt to find whatever possible additional crimes that person may have committed.

My wife is hotter than your wife.

[rushmc 18]

Quote

I'll need to read this. My first sense is, "this makes a mockery of the 4th Amendment and of the California Constitution's right to privacy.". Say someone is pinched for a traffic warrant. Now that person's cell phone will be gone through in an attempt to find whatever possible additional crimes that person may have committed.

In that case I agree totally

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[rehmwa 2]

Quote

Say someone is pinched for a traffic warrant. Now that person's cell phone will be gone through in an attempt to find whatever possible additional crimes that person may have committed.

much like running the plates....

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[dgskydive 0]

Quote

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

Your wrong. They don't pat you down, or frisk you at the airport. They SEARCH you. There is a big difference. That is what makes it unconstitutional.

The cell phone search is only if you are already arrested. They can't just take you phone and go through it. Unless you are under arrest. Then they can pretty much go through everything you have on you at that time. No search warrant needed.

Dom

[turtlespeed 212]

Quote

Quote

Quote

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

So then haven’t you consented to a search when you decide to have a cell phone in California? If you know it is a possibility and choose to have a cell phone anyway, haven’t you consented?

No. An airport search is implied consent. By contrast, the cell phone search in this story was a "search incident to arrest", which is a search that (ostensibly) becomes legal because the person has been arrested.

So this ruling does not mean that anyone in Cali is subject to getting their cell phone searched. It means (unless it's overturned, as I think appropriate) only that if you are arrested in Cali, your cell phone is subject to search without a search warrant.

OK - so if you have a password on your phone - that would be a crime to break in to it right?

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[turtlespeed 212]

Quote

Quote

Say someone is pinched for a traffic warrant. Now that person's cell phone will be gone through in an attempt to find whatever possible additional crimes that person may have committed.

much like running the plates....

You can't have incriminating hypothetical conversations with your liscense plate.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[dgskydive 0]

Quote

OK - so if you have a password on your phone - that would be a crime to break in to it right?

That is the big question. People are discussing it on tech blogs. I know if it happens to me...I wont give them my password. Im already in trouble at that point. Fuck em.

Dom

[rehmwa 2]

Quote

You can't have incriminating hypothetical conversations with your liscense plate.

about nanothermite, haliburton, and reverse vampires - all the time

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[Belgian_Draft 0]

Quote

Quote

Just to set you straight, a pat down or frisk at the airport is done with your consent. That consent is given when you enter the security area. The cell search in Cali can be done without your consent.

Your wrong. They don't pat you down, or frisk you at the airport. They SEARCH you. There is a big difference. That is what makes it unconstitutional.

The cell phone search is only if you are already arrested. They can't just take you phone and go through it. Unless you are under arrest. Then they can pretty much go through everything you have on you at that time. No search warrant needed.

Quote

Your wrong. They don't pat you down, or frisk you at the airport. They SEARCH you.

Jesus H. Christ, man. What the fuck do you think the pat down/frisk is FOR????

HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

[mnealtx 0]

Reverse vampires?

They bite you and give you a transfusion?

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[dgskydive 0]

Quote

What the fuck do you think the pat down/frisk is FOR????

Police will ask for permission to pat you down. They do it for their safety. They do have to ask your permission though. They will make it sound like a statement but they are supposed to get permission. You can refuse as long as you are not under arrest.It is a simple "pat down" on the outside of your clothes. They can not go into your pockets or under your clothes.

A search is when they take shit out of your pockets. Reach under your clothes. Touch your genitals...all the stuff that the TSA is doing.


frisk = http://en.wikipedia.org/wiki/Frisking

search = http://en.wikipedia.org/wiki/Search_and_seizure

Dom