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The iPhone Meets the Fourth Amendment

background image writes "According to Alan M Gershowitz, the doctrine of "search incident to arrest" may allow devices such as mobile phones, PDAs and laptops to be thoroughly searched without either probable cause or warrants [PDF download below abstract]. Incriminating evidence found in such searches may be used against you whether or not it is germane to the reason for the original arrest. He notes, 'Obviously, the framers of the Fourth Amendment could not have conceived of a handheld technological device like the iPhone, and courts have not yet been called upon to answer most of the difficult questions posed by such devices.' We've discussed similar search issues recently, as well as other privacy concerns related to modern technology.

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  1. Re:In archaic terms... by Torvaun · · Score: 0, Flamebait

    How about 'automatic firearm'? Anything where you can hold down the trigger to hose down an area with bullets goes against the rules of safe handling I was taught. Yes, this includes such things as machine pistols, which are not assault rifles by dint of not being rifles, but assault rifle is a stupid term anyway.

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    I see your informative link, and raise you a pithy comment.