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SCOTUS To Weigh Smartphone Searches By Police

Posted by timothy on from the hey-it-clearly-says-papers-and-effects dept.

schwit1 writes "The U.S. Supreme Court agreed on Friday to decide whether police can search an arrested criminal suspect's cell phone without a warrant in two cases that showcase how the courts are wrestling to keep up with rapid technological advances. Taking up cases from California and Massachusetts arising from criminal prosecutions that used evidence obtained without a warrant, the high court will wade into how to apply older court precedent, which allows police to search items carried by a defendant at the time of arrest, to cell phones."

2 of 201 comments (clear)

  1. Re:Can we hope by TheRealMindChild · · Score: 5, Interesting

    Just like most cops, they will just tell you "Give me your phone" and start looking through it. Since you didn't say "no", it is considered consent. I wish I was making this crap up

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  2. Re:They should allow it by EdIII · · Score: 4, Interesting

    The cell phone is the new notepad or scrap of paper that the criminal is carrying.

    Maybe so. However, it also represents scraps of paper that are held in numerous other locations, and information that has nothing to do with the crime at hand.

    Nothing you said even for a microsecond excuses your desire to eliminate due process. Remember, I'm not arguing that you can't get it. Only that I want a judge to say that the getting of my data is warranted.

    You have the same back asswards logic that the NSA uses to justify mass surveillance. We *could* be ohh that much safer if we just got rid of due process and violated everyone's privacy in real time forever. All of the criminal text messages would be seen instantly!! We could even create a "precog" division for rapid response and be at the drug drop *before* the criminals get there.

    No dude. The risks and dangers to our society from such invasions of privacy are so much more dangerous than whatever security you think you gained with it.

    Once again, for the 2nd time in this post, if you really think you need it, just ask for a WARRANT.

    A WARRANT allows you get that information you want because the logic and reasoning you have for getting it is determined to be WARRANTED.

    You have not presented any logical reason whatsoever for getting rid of my due process rights.