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SC: Phones Canít Be Searched Without Warrant


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16 replies to this topic

#1    questionmark

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Posted 25 June 2014 - 05:40 PM

The New York Times said:


WASHINGTON — In a major statement on privacy rights in the digital age, the Supreme Court on Wednesday unanimously ruled that the police need warrants to search the cellphones of people they arrest.

Chief Justice John G. Roberts Jr., writing for the court, said the vast amount of data contained on modern cellphones must be protected from routine inspection.

The old rules, Chief Justice Roberts said, cannot be applied to “modern cellphones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”

Read more

Hey, this seems to be a good week for Civil Rights!

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#2    spartan max2

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Posted 25 June 2014 - 06:17 PM

I agree :tu:

" I imagine that the intellegent people are the ones so intellegent that they dont even need or want to look "intellegent" anymore".
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#3    aztek

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Posted 25 June 2014 - 06:30 PM

it does not mean they wont search them anyway.

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#4    supervike

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Posted 25 June 2014 - 06:32 PM

Just when we think privacy is a thing of the past....


#5    Raptor Witness

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Posted 25 June 2014 - 11:59 PM

It's important because this was a unanimous decision.

That does not bode well for the NSA.





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#6    Thelaw1

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Posted 26 June 2014 - 12:04 AM

This is a great victory for privacy rights activists. Can't be happier.


#7    Shiloh17

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Posted 26 June 2014 - 07:27 AM

I agree with SC ruling. They can be searched in some cases such as kidnapping suspects, terrorist suspects etc..

If I get arrested for something as dumb as jaywalking, does that give them the right to search through my phone?
I'd say that "unreasonable search and seizure" would apply.

Edited by Realm, 26 June 2014 - 07:30 AM.


#8    Wickian

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Posted 26 June 2014 - 08:15 AM

View PostRealm, on 26 June 2014 - 07:27 AM, said:

I agree with SC ruling. They can be searched in some cases such as kidnapping suspects, terrorist suspects etc..

If I get arrested for something as dumb as jaywalking, does that give them the right to search through my phone?
I'd say that "unreasonable search and seizure" would apply.
If someone is arrested committing a felony, then yes search the cellphone.  If not, then no, do not search it.


#9    Sir Wearer of Hats

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Posted 26 June 2014 - 09:02 AM

View PostRaptor Witness, on 25 June 2014 - 11:59 PM, said:

It's important because this was a unanimous decision.

That does not bode well for the NSA.
They'll just cite any other law they've seen introduced over the years to say "yea, it's illegal except in this case because..." every single time they get caught doing it.

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#10    Thelaw1

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Posted 26 June 2014 - 03:02 PM

View PostWickian, on 26 June 2014 - 08:15 AM, said:

If someone is arrested committing a felony, then yes search the cellphone.  If not, then no, do not search it.

While you can search incidental to arrest (if within the arestee's immediate area, which if a cell phone was in his pocket would be) then it is ok and a warrant would not be required. However, didn't Chief Justice Roberts indicate that cell phones are so vital to our everyday lives that this importance trumps searches incidental to arrests? I may be WAY off.


#11    Babe Ruth

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Posted 26 June 2014 - 03:07 PM

View Postsupervike, on 25 June 2014 - 06:32 PM, said:

Just when we think privacy is a thing of the past....

Just when we think privacy is a thing of the past, the NSA operates as it damn well pleases, telling blatant lies to Congress, with the liars not being held responsible.

Nonetheless, good on the Court for finally coming down with a decision that follows the Fourth Amendment. :tu:


#12    Rafterman

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Posted 26 June 2014 - 03:15 PM

View Postsupervike, on 25 June 2014 - 06:32 PM, said:

Just when we think privacy is a thing of the past....

Well then there's the other side of the coin - folks scream of privacy and then spend pretty much every single waking moment broadcasting their life for the world to see.

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#13    spartan max2

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Posted 26 June 2014 - 05:11 PM

View PostRafterman, on 26 June 2014 - 03:15 PM, said:



Well then there's the other side of the coin - folks scream of privacy and then spend pretty much every single waking moment broadcasting their life for the world to see.

So what?

We share stuff its voluntary.

Just because I choose to share something that dosent give anyone the right to spy on everything I don't share

" I imagine that the intellegent people are the ones so intellegent that they dont even need or want to look "intellegent" anymore".
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#14    OverSword

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Posted 26 June 2014 - 06:20 PM

View PostRaptor Witness, on 25 June 2014 - 11:59 PM, said:

It's important because this was a unanimous decision.

That does not bode well for the NSA.
This is just about them physically searching your phone so probably doesn't affect the NSA much.


#15    Rafterman

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Posted 26 June 2014 - 06:22 PM

View Postspartan max2, on 26 June 2014 - 05:11 PM, said:



So what?

We share stuff its voluntary.

Just because I choose to share something that dosent give anyone the right to spy on everything I don't share

You'd be amazed at the number of folks who get all upset about organizations seeing information that they freely put out on the internet.  "You had no RIGHT to look at my Facebook and Twitter accounts!!!!"

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