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Florida Supreme Court Rules Police Need Warrant To Search Cell Phones
An anonymous reader writes "In a case stemming from a Jacksonville burglary, the Florida Supreme Court ruled 5-2 Thursday that police must get a search warrant before searching someone's cell phone. 'At this time, we cannot ignore that a significant portion of our population relies upon cell phones for email communications, text message information, scheduling, and banking,' read the majority opinion (PDF), authored by Justice Fred Lewis. 'The position of the dissent, which would permit the search here even though no issue existed with regard to officer safety or evidence preservation, is both contrary to, and the antithesis of, the fundamental protections against government intrusion guaranteed by the Fourth Amendment.'"
Somebody check for snow in Tallahassee!
This will probably wind up in the Supreme Court eventually. I've been looking forward to that day.
Well, pretty good quality of life(lots of sunshine, some good schools, tons of fun stuff to do), no state taxes.... its not all that bad at all.
What exactly makes a cellphone (or any digital device) different than any other personal posession? Why did it take a special court ruling (and probably millions of dollars) to "clarify" this "issue"? Does the law (and the constitution) not already state that a person cannot be searched without due process?
Where in the world did this confusion come from?
Cell phones are carried about on your person. Historically, when you are arrested, the police review and inventory items on your possession. They are able to do so because they are arresting you. Any evidence found on your person is admissible in court. However, the modern day cell phone often extends above and beyond the things that a normal person might carry on their person. You might have thousands of messages, emails, your bank statements, and other personal and confidential information you do not make a habit of carrying with you. If the police need access to that information, and have probable cause, then they should have to get a warrant to do so. Just as they would need a warrant to review my call logs, my bank statement, or to search through my house.
To elaborate, the search incident to arrest is justified for the officer's safety. If you had a sealed letter on you, they could open it because there might be a shiv in the letter. In opening that letter, the contents enter plain view which makes them known to the police.
A cell phone is rightly exempt from this, because you can eliminate any possibility that the cell phone is a weapon without examining the data.
Give me Classic Slashdot or give me death!
Just FYI everyone, the Florida Supreme Court is the final arbiter of the Florida state constitution, and it's well-settled precedent that state constitutions can provide greater protection than the Federal constitution. The only way this case could have legitimately gotten to the U.S. Supreme Court is if the Florida Supreme Court found that a warrant WASN'T necessary. The defendant then could have asked the USCT to find that under the 4th and 14th amendment one was required.
While marriage is not specifically mentioned, Article 4, section 1 states, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." This is what allows a couple to be married in Kansas, then move to Ohio, and not have to remarry, or otherwise register their marriage. Many are arguing that states that fail to recognize the marriage of a gay couple in another state, are in violation of this rule.
Slavery was legal because some states said so; we had to fight a bloody war to make the point that it was not. States are not independent. Get over it. The state's rights thing has been invoked in slavery/gay-sex-crime/keep-the-former-slaves-out-of-our-schools/miscegenation/jesus-is-king/we-can-marry-kids case for over a hundred fifty years. No matter how many times the Confederacy trots this out, we will slap it down.
Marriage was, is, and will be a government-controlled institution. You aren't married by the power of Jesus, but by the power vested by the State in the justice of the peace, or minister, or druid. And there was marriage long before we invented gods.