So, every app, every eBook, every email, every everything on your iPhone is now open to the cops if they arrest you, even if they arrest you on phony charges just just to look through your phone? Sure, the arrest gets tossed, but they now have your data.
The California Supreme Court allowed police Monday to search arrestees’ cell phones without a warrant, saying defendants lose their privacy rights for any items they’re carrying when taken into custody. Under U.S. Supreme Court precedents, “this loss of privacy allows police not only to seize anything of importance they find on the arrestee’s body … but also to open and examine what they find,” the state court said in a 5-2 ruling.
The majority, led by Justice Ming Chin, relied on decisions in the 1970s by the nation’s high court upholding searches of cigarette packages and clothing that officers seized during an arrest and examined later without seeking a warrant from a judge.
The dissenting justices said those rulings shouldn’t be extended to modern cell phones that can store huge amounts of data.
Monday’s decision allows police “to rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer merely because the device was taken from an arrestee’s person,” said Justice Kathryn Mickle Werdegar, joined in dissent by Justice Carlos Moreno.
[…]
“This has an impact on the day-to-day jobs of police officers, what kind of searches they can conduct without a warrant when they arrest someone,” she said. “It takes it into the realm of new technology.” […] Although the court has never ruled on police searches of cell phones, Wilson argued that it has signaled approval by allowing officers to examine the contents of arrestees’ wallets without a warrant.
I saw a movie once where they even looked up a guy’s butt.
Would laptop computers fall under this? Smart phones could be argued as another kind of portable computer given what they can do.
Now we can extend that one step further and say that if a person is arrested and carrying a laptop the police can inventory that too. What is the difference between a laptop and a cell phone? Nothing except the amount of plastic used.
Let’s say that the police are going on a fishing expedition of the staff of a particular attorney who happens to be defending someone rather unpopular.
No more attorney client privilege. Of course anything gathered as a result of this should be suppressed, but good luck with that.
Get a blackberry!
This should come in handy for getting rid of all of those pesky videos that show what actually happened during arrests. Be my guess a lot of questionable arrests followed by a bunch of accidental deletions. The US is so boned.
If you lock your phone, would you be legally required to unlock it for the police? Would doing so, violate your 5th amendment rights?
You would probably be required to unlock it – because the police could convince the judge that was equivalent to unlocking the trunk of your car.
There have been several cases where you weren’t required to provide encryption keys (although there have been a few cases where you were).
Webmail and keeping your data in the cloud would seem to make sense. The phone is “on your person” but your data is in luxembourg.
This isn’t terribly alarming. If you’re under arrest, police are allowed to search you and anything on your person. Same as a purse, same as a wallet, same as a suitcase.
Why is this shocking?
Never been arrested and don’t plan to be, but my screen lock is now active.
just set it so if you miss the password a few times it wipes the phone…
#1 said, “I saw a movie once where they even looked up a guy’s butt.”
I saw this when I was little on Mr. Roger’s Neighborhood when he asked us to get all of the adults out of the room.
This is not shocking, as it was very predictable. Corrupt judges make corrupt decisions. It is however troubling as being searched physically is not the same as having almost every aspect of your life gone over in a forensic fashion. Any search, short of those required to make safe the officers,should need to be tied to the alleged crime and authorized through a warrant. This is what prevents them from just making stuff up. If you give me the machines and decrypt keys of anyone who has ever posted on these boards I would wager I could build a good enough circumstantial case to bring any of you to trial for something. Couple that with no responsibility for those bringing the charges and that is what makes it troubling.
So much for the Fourth Amendment:
“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. ”
“Seig Heil”, Repuke Majority on the Court !!!
Lady Liberty weeps !!!
A more reasonable discussion than I was expecting–other than the Tick. Corruption? So, cops arrest a bad guy and his plans to blow up the local bank are on his phone/computer in plain view for anyone looking at it. If cops search pursuit to a lawful arrest this crime is found out and prevented. If not, innocent people die.
Now take an good guy is arrested, the phone is searched, and there is nothing there. whats the deal? Yes, an “invasion” of privacy. Said invasion not allowed without a crime having been committed. I recall an expression: “don’t do the crime, if you can’t do the time.” Seems to fit.
Seems to me the ISSUE here quickly focuses on what is the basis for a reasonable stop, question, seizure/arrest.
Stay tuned.
P.S. – Now the TSA Can NOT ONLY GROPE, BUT SEARCH YOUR UNDERWEAR TOO !!!
So you’re upset that the police can search through your cell phone after an arrest, but not upset that you have to disclose over all your health history to corporations? See individual mandate.
I remember once reading an article by a great columnist of Computer Shopper UK, where he extolled the virtues of encryption and he added:
“If anyone ever tells you that you have nothing to fear if you have nothing to hide, slap them in the face, and slap them hard.”
Bobbo, consider yourself slapped in the face, punched in the stomach and kicked in the mouth.
To everyone else, get a BlackBerry. (2)
Well Luc–educate us. No one has mentioned this is the Ca Sup Ct in a 5-2 vote. THE MOST LIBERDROOL COURT IN THE LAND supports this.
Please give an example of how any innocent person ARRESTED FOR A CRIME is unfairly injured/violated when further crimes are discovered in information secreted upon his person? Go ahead. It really does have to be more than what a great columnist said in a fish and chips wrapper.
Hint: when you can’t even imagine a bad result, your position is shit.
Go!
#18
6 of the 7 Justices were appointed by Republicans.
Hey foobar–thanks. I am behind the times. I didn’t know the Ca Sup Ct had turned Corporate.
I’ll note again, the “public’s” confusion/conflation of a “desire” to be anonymous/not embarassed with what is VERY DIFFERENT: the “constitutional right” to privacy. Not the same thing which is to be remembered when emotions wash over you cleaning you of common sense.
I could be happy in a society where computers/phone could not be inspected: no matter what. But also quite content with the opposite. Let the majority rule. A successful person takes the world as it is and orders his behavior/expectations accordingly. Only a fool/partisan/hack/tool substitutes his emotions for reality.
Yea, veerily.
Oops! Hey FOObar (#19)–you talking to me?????
Only dumbasses don’t use a posters name. So impolite to only use numbers. Numbers can change and actually do over time. Name does more than just track the correct issue.
Only dumbASSES aren’t polite.
Ha, ha. You know who the biggest dumbASSES are? Those who don’t modify their ways when informed their posts hurt other people’s feelings. Yes, its true. Dumb is a size when it’s packaged in ass. Its like dark matter in that way.
This would not be very troubling if the police actually needed a real genuine good reason to arrest you. But since they can more or less pull an excuse out of their doughnut filled asses, I’m a bit concerned.
Then again, the only thing on my cell phone are phone numbers and a few very bad photos of interesting things that I’ve come across while out walking. Oh, and a couple of text messages from the one old friend who doesn’t get that I don’t read texts, tweets or twats.
#10 nailed it! The cops got my phone? There’s an app for that: nukemydata.exe
bobbo, words have a meaning and a context. You have such a delightful way with people.
I promise I will never respond to you again. Problem solved for both of us.
#7 This is a pretty dubious extension of a physical inventory of belongings. Data accessible by the phone doesn’t have to reside on the phone. Do they have access to cloud/social network data?
I guess you could replay this argument onto the physical side, and say a search should be conducted of all places covered by the keys on your key ring.
this is news?
-they have been doing this in the nyc area since 2008 that i know of.
When government workers deliberately violate the Constitution, they are signaling they are at war with citizens and should be treated in kind.
#24–foobar==ha, ha. So resentful. Amusing how otherwise intelligent people resist any more learning. Foolish too. Makes me give dumb people a second/third chance.
Does prove out my point and purpose though.
Yea, veerily.
So the cat is out of the bag. No news here. Should be interesting when the police rummage through all your data on “the cloud” too. Will you be surprised? Some day they will rummage through your mind…
@#8 MacGuy: However, even right now if you are arrested and have a letter addressed to you on your person, Police can’t look in it unless first applying and getting a proper Court order to do so. Phones should be under such category.
@#16 MikeN: There is very large and important gap between Corporation and Govt. The latter CAN arrest you… Also, note that except by emigration you cant chose different Govt. on the marketplace.