Cops don't need a warrant to go through your text messages when you've been arrested, the California Supreme Court ruled Monday.
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Notice the ruling doesn't specify a particular TYPE of arrest....which means a DWI arrest or a chld support arrest allows the police to search your cell phone. What if there are texts between you and your attorney? Isn't THAT attorney-client priviledge? And I'm no lawyer, but I CAN read. And the 4th amendment specifically states that your "effects" are free from search without a warrant. This decision MUST go to the Supreme Court! It (this decision) is just one more brick knocked out of the wall that protects citizens from an overreaching government. The Constitution is supposed to LIMIT the power of government. The Bill of Rights is supposed to protect us against government intrusion and authority. That ain't happening any more. Just the opposite. The police will talk about "incidental to arrest". What a crock. That line of reasoning leads to an illogical and "Alice in Wonderland" police state coclusion. But it also has been legally established in the courts, which quite evidently, are ALWAYS interested in protecting "we, the people". And for those who say "if your not doing anything wrong' don't worry about your rights", well, tell THAT to the HUNDREDS of people who have done 15-30 years in PRISON for crimes the government SAID they committed, but later said "i guess not"....you can go now. Seig Heil!!! Buy guns and ammo. You're gonna need them.
ReplyDeleteObama did it!
ReplyDeleteOne small step for the California government, one giant leap for Communism.......
ReplyDeletewtf ever people. Incidental to arrest means searching places for fruits of the crime the suspect was arersted for. If it is drug related arrests well pretty much everything can be searched with out a warrant short of the persons house. If it for driving suspended then you search for evidence of that crime like paperwork to prove the driver knew he/she was suspended. During a drug arrest cell phone evidence is normally there through text messages. this ruling does not give cops the right to search a cell phone anytime they want to it does depend on the crime. There will be more rulings on this in the future and most likely will specify when and for what you can search a cell phone for with out a warrant.
ReplyDelete1:58 ....quit the spin. YOU KNOW first of all, if the police arrest you for a drug crime, EVERYTHING is searched. AND the next step is a search warrant for the suspects home. Further, the ruling DOES NOT disallow a search of a cell phone by specific types of arrest. I like the way you speculate about how the courts will rule on this more "in the future"....lol...and I'm VERY confident that these courts will go against the pattern they've set in the last 2 decades and actually rule FOR some limits on police power. HA! And "incidental to arrest" for suspended licenses probably should be limited to the glove compartment or openly diplayed papers. Does it? LOL! You know it doesn't. The WHOLE car is searched, like the suspect MAY be hiding his notice of suspension under the carpet in his trunk. Answer the question about "attorney client priviledge --- what if the cell has texts between a lawyer and client? What about CONSTITUTIONAL protection against searches of "effects" without warrant? Being a cop, you know the idea of "do what you think is right and let the courts decide later" don't you? Its a cop mantra. And every day its being written into law by the courts that should be LIMITING your power, not expanding it. Every single protection "we, the people" have been granted has been, and is currently being, destroyed. Quit pretending it isn't. The only thing you didn't say is "if you aren't a criminal, then you don't have anything to worry about". But I'll bet you WANTED to....
ReplyDeleteRead the book " The Pink Swastika"
ReplyDelete4:25 PM
ReplyDeleteNice post.