California Supreme Court Rules Your Cellphone is Subject to Warrantless Searches

Discussion in 'Android News' started by dgstorm, Jan 4, 2011.

  1. UltraDroid

    UltraDroid Super Moderator
    Staff Member

    Joined:
    Apr 21, 2010
    Messages:
    2,906
    Likes Received:
    502
    Trophy Points:
    193
    Location:
    Cleveland, Ohio - The North Coast!
    Ratings:
    +552
    Current Phone Model:
    Note 3, straight stock
    Having nothing to hide isn't really the point Hook. Why would cops have the right to grab your cell phone (mine is always in my pocket, BTW) and search through it? In Ohio, they apparently can't without a warrant, in California, they apparently can.

    Comes down to how you view the rights of police officers and law enforcement people vs the rights of private citizens.

    Me - I'm a product of the Sixties...

    -Mike
     
  2. ypsichick

    ypsichick Member

    Joined:
    May 19, 2010
    Messages:
    110
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Western KY and W. Los Angeles 3 miles from the bea
    Ratings:
    +0
    My problem with that is they don't stop the illegal aliens, texting & calling while driving, & now you're telling me they are going to do this???!!! I gotta get out of here * &#&$=+$4'>"_$$&$

    Sent from my Droid using DroidForums App
     
  3. spaz33g

    spaz33g Rescue Squad
    Rescue Squad

    Joined:
    Sep 4, 2010
    Messages:
    6,368
    Likes Received:
    0
    Trophy Points:
    151
    Location:
    orange county, ca
    Ratings:
    +0
    Will do. If I have a pattern lock set up and I refuse to unlock it they would need a warrant to get in to it. Just sayin.

    tappin and a talkin
     
  4. hookbill

    hookbill Premium Member
    Premium Member

    Joined:
    Nov 30, 2009
    Messages:
    19,491
    Likes Received:
    8
    Trophy Points:
    168
    Location:
    N.E. Ohio
    Ratings:
    +8
    I'm not making a statement about how I feel about any decisions a court made. I'm saying I don't have anything on my phone so I personally don't care.

    Why do I have the feeling this is going to get political soon?
     
  5. Backnblack

    Backnblack Premium Member
    Premium Member

    Joined:
    Nov 18, 2009
    Messages:
    11,238
    Likes Received:
    27
    Trophy Points:
    463
    Ratings:
    +27
    Current Phone Model:
    iPhone 7+ 256gb
    Might be due to the fact it goes against the 4th Amendment...
     
  6. Firewing

    Firewing Member

    Joined:
    Nov 27, 2010
    Messages:
    337
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    in northern cali, where the desert and the mountai
    Ratings:
    +0
    I agree a hundred percent ...I am not doing anything illegal, but I don't want my personal texts and emails read, they are mine and should be private ...the police should not be able to read them just because they want to...
    Cara

    Sent from my Sourcery using DroidForums App
     
  7. Bkelly84

    Bkelly84 New Member

    Joined:
    Jun 22, 2010
    Messages:
    15
    Likes Received:
    0
    Trophy Points:
    1
    Ratings:
    +0
    If you are stopped since you are not in motion it is technically not illegal to text, at least not here in utah.



    Sent from my DROIDX using Tapatalk
     
  8. Mr. Orange 645

    Joined:
    Sep 3, 2010
    Messages:
    167
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Southwest MO
    Ratings:
    +0
    That's not what this ruling is saying. Read my last post. Its not a random warrantless search of your property. That is obviously unreasonable. The question is: Do cell phones fall under the search incident to arrest exception. This search would only take place if you were being arrested, not just randomly walking or driving down the street. You may be a product of the sixties, but incorrectly believe you live in a pseudo-fascist society.

    Whether or not your phone is password or pattern lock protected does not effect the need for a search warrant. The circumstances under which the search is executed determines whether or not a warrant is needed. If the US Supreme Court says cellphones are subject to a warrantless search incident to arrest, then it will not matter if you have a password on it or not, if the officer is able to bypass it on scene. The vice versa would also hold true.
     
  9. Mr. Orange 645

    Joined:
    Sep 3, 2010
    Messages:
    167
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Southwest MO
    Ratings:
    +0
    Not if its determined to fall under one of the exceptions to the 4th Amendment rule.
     
  10. jbdow

    jbdow Member

    Joined:
    Jan 1, 2011
    Messages:
    136
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    I got a feeling Mr. Orange is pretty close. with all the different phones out there...
    what? the populace is gonna teach the cops how to use their phone? So...
    this means your phone is gone. confiscated as evidence. So what if it takes them 2
    years to find nothing on it...
    Here's the fix, people - buy another phone, cause it's always time to upgrade .
    Don't let the b*****ds beat you. It's all mental...
     
  11. Mr. Orange 645

    Joined:
    Sep 3, 2010
    Messages:
    167
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    Southwest MO
    Ratings:
    +0
    AGAIN...That is NOT what this ruling says! Read my posts.
     
  12. hookbill

    hookbill Premium Member
    Premium Member

    Joined:
    Nov 30, 2009
    Messages:
    19,491
    Likes Received:
    8
    Trophy Points:
    168
    Location:
    N.E. Ohio
    Ratings:
    +8
    Thank God we can count on you to follow the guidelines. :rolleyes:
     
Search tags for this page

clifornia rule on searching a cell phone

,

free games for coby tablet