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  • 2 Post By Kevin O'Quinn
  1. Thread Author  Thread Author    #1  

    Default Supreme court ruling on cell phone searches

    All the news outlets today are reporting the Supreme Court ruled police are not allowed to search your cell phone without a warrant. The ruling was unanimous, but do allow for some limited instances where they can confiscate the phone while waiting for the warrant.

    And in related news, states around the country have also been enacting laws limiting how and when police can use cell eavesdropping devices that can pick up on cell use from anyone in the area. They now are needing specific warrants in most of these cases as well.


    States push forward new rules on cellphone spying
  2. #2  
    Kevin O'Quinn's Avatar
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    Default Re: Supreme court ruling on cell phone searches

    Good. One step in the right direction for data privacy.

    Just wondering, what circumstances allow them to search your vehicle without a warrant? Should those standards be the same in this case?
    Kevin F.I.M.T.K. O'Quinn Esq.
  3. #3  

    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by Kevin O'Quinn View Post
    Good. One step in the right direction for data privacy.

    Just wondering, what circumstances allow them to search your vehicle without a warrant? Should those standards be the same in this case?
    The problem is that it's easy to come up with probable cause out of thin air. If they ever find anything in my truck, I'll take a polygraph test to prove my innocence.
  4. Thread Author  Thread Author    #4  

    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by Kevin O'Quinn View Post
    Just wondering, what circumstances allow them to search your vehicle without a warrant? Should those standards be the same in this case?
    I think the only way they can search your car in general without a warrant is if they notice something obvious like you left a bag of pot on the seat in pain sight. They may technically still be required to get a warrant, but at that point, they already have you and it's pointless to fight it. From what I've heard on the news, SCOTUS said that a phone should be treated like a closed glove compartment in terms of privacy, even if it's in plain sight. I don't have time to go find an online article right now to dig deeper, but I think they ruled that while they could hold on to your phone if you're arrested, they still need a warrant to search it.
  5. #5  
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    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by Mooncatt View Post
    I think the only way they can search your car in general without a warrant is if they notice something obvious like you left a bag of pot on the seat in pain sight. They may technically still be required to get a warrant, but at that point, they already have you and it's pointless to fight it. From what I've heard on the news, SCOTUS said that a phone should be treated like a closed glove compartment in terms of privacy, even if it's in plain sight. I don't have time to go find an online article right now to dig deeper, but I think they ruled that while they could hold on to your phone if you're arrested, they still need a warrant to search it.
    Anything in plain site is fair game for general purposes of law enforcement. No warrant needed. I am assuming that if a cop read something on the screen of your phone, it would then be fair game as well, but I do not know this.

    Someone also told me that they cannot require you to give up any passwords. If they can break the security(with a warrant), then it's fair game, but they cannot require you to give them access. I do not know yet if this has any truth though...
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  6. Thread Author  Thread Author    #6  

    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by NoYankees44 View Post
    Anything in plain site is fair game for general purposes of law enforcement. No warrant needed. I am assuming that if a cop read something on the screen of your phone, it would then be fair game as well, but I do not know this.
    From what I'm reading, even if they see something on the screen, I'm assuming they still need a warrant, even if what they saw was incriminating. The court opinion basically said with how you can now carry your entire private life in your pocket, phones need strong privacy protections, even when it comes to police searches.

    Someone also told me that they cannot require you to give up any passwords. If they can break the security(with a warrant), then it's fair game, but they cannot require you to give them access. I do not know yet if this has any truth though...
    That's what I've always heard too. There are devices that can break through security, but this solidifies that, and also the issue of some departments that were using those devices without even arresting or charging the person. Much less have reasonable suspicion or probable cause for anything.
  7. #7  
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    Default Re: Supreme court ruling on cell phone searches

    Wil this apply to the constitution free zones ?
  8. #8  

    Default Re: Supreme court ruling on cell phone searches

    good I am glad they are doing this. The phone has so much info on it and is yes private.

    I do not have a real issue with them holding onto it to get a warrant. Hell if the cops really want to search your car they will impound it, then get a warrant while it is in the impoundment lot. In a house they will hold you out side while they wait for a warrant. Not a fan of either.
    If the criminal is smart they would go online and issue the wipe command. Android and iOS both have remote wipe and the phone will do it when it first powers on if it was powered off.
    Until proven otherwise the so called "Google Update Alliances" is dead and was just empty promises and words. One has to look no father than the pathetic and slow update process of ICS on all the manufactures and carriers. We should all be asking the question about updates and the so called Update Alliances ever chance we get.
  9. Thread Author  Thread Author    #9  

    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by Timelessblur View Post
    If the criminal is smart they would go online and issue the wipe command. Android and iOS both have remote wipe and the phone will do it when it first powers on if it was powered off.
    I wouldn't be surprised if some of the bigger/modern forensics labs have isolation booths that block cell and Wi-Fi signals so they can power up the phone without being able to receive the wipe signal. Some hacking devices may even be able to break in with only booting into recovery so the OS never boots far enough to check for that signal. When it comes to law enforcement, never assume you can outwit them.
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    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by palandri View Post
    The problem is that it's easy to come up with probable cause out of thin air.
    Then there's no excuse for them not to at least do that much.


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    Default Re: Supreme court ruling on cell phone searches

    Quote Originally Posted by Timelessblur View Post
    In a house they will hold you out side while they wait for a warrant.
    You don't have to invite them onto your property if they don't have a warrant and you can ask them to leave until they have one.


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