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.

Comments

Must be Slashdot

[Zordak]

Let's see. Somebody speculates on how the fourth amendment may be applied to electronic gadgets. The blurb panics about "without a warrant and without probable cause" (and ignores the fact that there is long-standing precedent for certain searches without warrant and without probable cause, which even TFA probably point out---I'm not going to read it; it's hardly news). A bunch of people who have probably never even read the Constitution, much less taken a course on constitutional criminal procedure spout flames and blame Bush for this erosion of their God-given right---guaranteed by the Declaration of Independence---to have a porn-filled iPod. Yup, looks like I'm in the right place.

Re:In archaic terms...

[Fred_A]

At any rate, if the people get angry enough to turn against the government, the government officials, even if they manage to evade being immediately killed will not live much of a life--if they poke their heads out even a little, they'll get wiped out... This supposes, among other things, that the people give a damn. Which they don't.

You currently more or less have those "well regulated militias" (whatever that means) and you also have a lunatic government that daily trashes your holy constitution.
Does anyone care ? Isn't this exactly the time when all those militia people are supposed to do something ?
Oddly enough nothing happens.

At what point does your preposterous logic supposedly apply ? Nothing will happen. And if it does, the culprit will be labelled as a terrorist and the people will be more than happy to stone him themselves.

Your guns are so you can have fantasies while touting them around and to maim the wildlife and the occasional hiker. They have no political purpose whatsoever. Wake up.

Re:In archaic terms...

[jandrese]

I think targeting military targets vs. civilian targets might be a better distinction between a General and a Terrorist. By this reasoning many "Generals" throughout history are actually terrorists (firebombing Dresden is a good example), but it's probably accurate.