Author Topic: U.S. court approves warrantless searches of cell phones
Aerlinthian 
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Subject: U.S. court approves warrantless searches of cell phones
Yeah that whole rule of law thing is over rated I guess. plain
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

 

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Yukishiro1 
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Subject: U.S. court approves warrantless searches of cell phones
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!!!!!!!!!

 

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imaloon1 
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Subject: U.S. court approves warrantless searches of cell phones
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 
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Subject: U.S. court approves warrantless searches of cell phones
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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Sea_of_inK 
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Subject: U.S. court approves warrantless searches of cell phones

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 
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Subject: U.S. court approves warrantless searches of cell phones
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.

 

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__Bonk__ 
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Subject: U.S. court approves warrantless searches of cell phones
We are quickly losing our civil liberties due to fear. Even the democrats are susceptible.

grin

 

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Aerlinthian 
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Subject: U.S. court approves warrantless searches of cell phones
You and Rick Santorum should get a room together.

 

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Aerlinthian 
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Subject: U.S. court approves warrantless searches of cell phones
__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.

 

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Yukishiro1 
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Subject: U.S. court approves warrantless searches of cell phones
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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Aerlinthian 
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Subject: U.S. court approves warrantless searches of cell phones
Right, we know, you support rule by whimsy. You made that clear.

 

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Special-Fred 
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Subject: U.S. court approves warrantless searches of cell phones
Yeah seriously what is wrong with it? They're finding the number for the cell phone that's like asking somebody what their name is or where they live.

 

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Yukishiro1 
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Subject: U.S. court approves warrantless searches of cell phones
You don't have a reasonable expectation of privacy in the number of your cellphone. I'm sorry you don't understand that.

It makes me mad that you are so stupid you're forcing me to argue on the side of the cops.

 

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sweeny_comodore 
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Subject: U.S. court approves warrantless searches of cell phones
if i have no problem with this then you know youre being retarded.

a pile of cellymaphones found laying around a drug dealers house
fuckinaright they should be allowed to turn it on.
whether they do it there on the spot or take it back to the shop and wait for court approval to search the contents of the phone is really irrelevant.
having your cellphone found at the scene of a crime is probable cause.
just like a bullet riddled corpse with your wallet laying next to the body.



pulling me over for not wearing a seat belt and asking to see my cellymaphone....

go eff yourself, pig.

 

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theredkay1 
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Subject: U.S. court approves warrantless searches of cell phones
If the police arrest someone at a house...are they allowed to look at the address? Aerlin says no...most people would probably say yes.

 

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Eager_Igraine 
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Subject: U.S. court approves warrantless searches of cell phones
Yukishiro1 posted:
You don't have a reasonable expectation of privacy in the number of your cellphone. I'm sorry you don't understand that.

It makes me mad that you are so stupid you're forcing me to argue on the side of the cops.


If you have an unlisted number (do they offer that anymore?), do you have an expectation of privacy for that number?

 

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Yukishiro1 
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Subject: U.S. court approves warrantless searches of cell phones
I dunno. MAYBE if you have a number and you never tell it to anyone in public and actively hide that you own the phone and the number. But it still seems iffy to me.

It really seems like an address me or a driver's license number or something like that to me. I just don't see how you can say you have a right for the cops not to be able to get that information without a warrant.

 

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Altra_Shadowstalker 
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Subject: U.S. court approves warrantless searches of cell phones
I'm missing the butthurt. Why do you have a right to privacy for anything at the scene of a crime? I'm pretty sure if a body is found in your car, the cops don't need a warrant to search your trunk.

Edit: odd autocorrect

 

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Koneg 
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Subject: U.S. court approves warrantless searches of cell phones
Walker_ID posted:
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
This. Seriously... THIS.

It was evidence collected at a drug bust. They can search your frikken colon without a warrant at that point - you want to bitch about them getting the phone number off of a phone??? Really!?

 

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