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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.

8 of 505 comments (clear)

  1. That is one organized... by anlprb · · Score: 5, Funny

    That is one organized crack dealer who is scheduling his shipments via his iPhone. Last time I bought crack, I didn't even get a customer service number, let alone online tracking. My how things have changed.

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    One Token Ring to Rule them All, One Search Engine to Find Them, One WAN to bring them in, and TCP/IP Bind them...
  2. Steve Jobs wins by Dan+East · · Score: 2, Funny

    So the noun iPhone is now being used to refer to any cellphone, pda or other hybrid mobile device? Steve Jobs has already won.

    Dan East

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    Better known as 318230.
  3. Re:The Fourth by Actually,+I+do+RTFA · · Score: 5, Funny

    Let them try to hack it instead.

    And then sue them under the DMCA for breaking the DRM-encryption on your copyrighted, poor-quality-recording rants about government intrusion!

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    Your ad here. Ask me how!
  4. whoah, easy there man! by deft · · Score: 2, Funny

    it's the price we pay for being safe from T E R R O R I S M .

    When you type terrorism all freaky and forboding like that, it makes me want to vote for bush. He's not even running. wth?

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    There's nothing Intelligent about Intelligent Design.
  5. Re:In archaic terms... by bckrispi · · Score: 4, Funny

    Apply the same to the 18th century definition of "regulated" as well.

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    Xenon, where's my money? -Borno
  6. Re:In archaic terms... by squiggleslash · · Score: 2, Funny

    This is actually just reflective of the lax attitude towards putting words in the right order in the 1700s. The original intent of the framers of the constitution was that every state should have a group of well armed bears to defend the country. The proper word order should have been "the right of the People to keep and arm bears shall not be infringed", but, well, English standards were laxer then.

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    You are not alone. This is not normal. None of this is normal.
  7. iPhone meets the Fourth Ammendment by Chris+Burke · · Score: 5, Funny

    iPhone: [walking down the street] Doo do doo... nice night for a stroll, listenin' to some tunes...
    4th Ammendment: [walking other way] Hello there, citizen!
    iPhone: Oh hi! Who are you? Haven't seen you around here much.
    4th: I'm the 4th Ammendment to the U.S. Constitution! I guarantee your right to be free from searches without a court-issued warrant.
    iPhone: Ah, that's neat. I don't pay much attention to that politics stuff...
    4th: Yeah, I know it's tough, that's why I'm out on the streets, trying to remind people of their civil liber-
    [Suddenly NSA and DoJ leap out from an alley and attack 4th]
    NSA: Rar!
    DoJ: C'mere, bitch!
    4th: Aaaaaaah!
    iPhone: Dude! What the fuck?!
    4th: Oh god, oh god! They're raping me! They're raping me right here on the street!
    iPhone: Oh shit! Dude do you need help? [stepping forward] Cut it out you assholes!
    NSA: [pulls out a switchblade]
    DoJ: Back off, fucker, if you don't want to be next!
    4th: Please help me! Please- Ah not there!
    iPhone: Whoa dudes... Chill, seriously...
    4th: [incoherent screaming]
    iPhone: [backing away] Ah, yeah... I gotta go... check out the sale at Whole Foods or something... [starts running]
    NSA: [shouting at iPhone] You didn't see shit!
    4th: [moaning and sobbing]

    [fin]

    --

    The enemies of Democracy are
  8. Tagging Beta - Jews? by mastershake_phd · · Score: 2, Funny

    handheld, privacy, ifascism, ipr0n, and jews? Am I missing something?