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Author Topic: U.S. court approves warrantless searches of cell phones [Locked]
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
Yeah that whole rule of law thing is over rated I guess.

Reuters posted:

(Reuters) - U.S. police can search a cell phone for its number without having a warrant, according to a federal appeals court ruling.

Officers in Indiana found a number of cell phones at the scene of a drug bust, and searched each phone for its telephone number. Having the numbers allowed the government to subpoena the owners' call histories, linking them to the drug-selling scheme. One of the suspects, Abel Flores-Lopez, who was convicted and sentenced to 10 years in prison, argued on appeal that the police had no right to search the phone's contents without a warrant.

The U.S. Court of Appeal for the 7th Circuit rejected that argument on Wednesday, finding that the invasion of privacy was so slight that the police's actions did not violate the Fourth Amendment's ban on unreasonable searches.


Continued
Yukishiro1  4 stars
Posts: 3,243
Registered: 2002-9-20 23:52:57
Your link says all they did is search the phone for its own number, not for the contents of messages or calls.


Posner posted:

The case gave the court an occasion to examine just how far police can go when it comes to searching electronic gadgets.


"Lurking behind this issue is the question whether and when a laptop or desktop computer, tablet, or other type of computer (whether called a 'computer' or not) can be searched without a warrant," Judge Richard Posner wrote for the three-judge panel.


He raised the example of the iCam, which allows someone to use a phone to connect to a home-computer web camera, enabling someone to search a house interior remotely.


"At the touch of a button, a cell phone search becomes a house search," he wrote.


Posner compared the cell phone to a diary. Just as police are entitled to open a pocket diary to copy an owner's address, they should be able to turn on a cell phone to learn its number, he wrote. But just as they're forbidden from examining love letters tucked between the pages of an address book, so are they forbidden from exploring letters in the files of a phone.



RAGE!!!!!!!!!
imaloon1  3 stars
Posts: 674
Registered: 2003-9-15 07:19:53
Could he have just said it was a wrong number? Or a prank call?


10 years on only that evidence seems fishy to me.


But what the hell do I know...

 

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Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
i'm all about protections and freedoms...i'm the first person to bitch when authority oversteps its bounds.....but it was a drug bust...anything there could be gathered as evidence and searched at that point

 

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You can't outrun Darwin
Sea_of_inK  2 stars
Posts: 488
Registered: 2004-10-18 12:57:37
Bad all around.

too bad nobody cares about civil liberties anymore except for some nut who does nothing but delegitimize the cause.

 

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Yukishiro1  4 stars
Posts: 3,243
Registered: 2002-9-20 23:52:57
They found some phones at a drug bust and opened them up just long enough to see what the numbers were. You hurt the civil liberties cause by going all apeshit over something as silly as this because you convince everyone else you're just a crank.
__Bonk__  5 stars
Posts: 5,122
Registered: 2009-7-25 03:04:52
We are quickly losing our civil liberties due to fear. Even the democrats are susceptible.

 

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A change in feeling is a change in destiny.
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
You and Rick Santorum should get a room together.
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
__Bonk__ posted:

We are quickly losing our civil liberties due to fear. Even the democrats are susceptible.

Even? Trying following more closely what goes on in congress and the executive.
Yukishiro1  4 stars
Posts: 3,243
Registered: 2002-9-20 23:52:57
People like you do more to convince people civil liberty advocates are just cranks than anything I could do.


I support civil liberties that make sense and have value. Fighting over something like this only undermines your cause. The police checking a phone to see what the number of the phone is is not a big deal from a civil liberties perspective at all.

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