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SCOTUS To Weigh Smartphone Searches By Police
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."
Doesn't mention phones, so there is no right to them.
In fact, he's pretty sure they're witchcraft.
We can hope for a proper decision of you can crack the encryption if you can after getting a warrant and the owner has no burden to help you nor can refusal be held against them.
No sir I dont like it.
If there is enough evidence for arrest, then there is enough evidence TO GET A GODDAMN WARRANT. Does the Fourth Amendment mean nothing to ANYONE anymore?
"Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
Seriously? How on earth does anything you just said magically erase the US Constitution?
That smartphone represents, just as you said, access to huge amounts of information about the suspect. As well as information about innocent third parties that quite possibly had nothing to do with the crime.
You're supporting the idea of fishing expeditions into a person's digital space.
Arrest does not imply guilt. A member of the Judiciary should always be consulted regarding, and allowed to limit, the scope of any search of a person's effects and papers.
So, NO. There is not always enough evidence to justify the full and complete invasion of privacy of a citizen that is innocent until being proved guilty. If there really is a justifiable reason to invade that privacy than the police can convince a judge to do it.
Don't be a douchenozzle that enables their asshattery please.
There is never an acceptable reason to violate due process and PERFORM ANY ACTION WITHOUT A WARRANT .
Warrant, warrant, warrant, W A R R A N T!
It's a well conceived check and balance against tyranny ever present in a law enforcement organization. Don't give up something so valuable to the citizens over such stupid reasons.
I think it largely has to do with ignorance.
The poster holds a rather unsophisticated view that allows them to see the police's reasonable and justified need for access to that information as something correct and desirable.
The 4th doesn't mean anything to the poster since they don't understand the basics taught to people in Civic's class. That being, the ostensibly simple concept of having a member of the Judiciary act as a check and balance against the needs of the Executive.
Nobody is saying that the police should not have access to that data. They absolutely should and I can totally understand that it would be very useful to solving crimes. What the proponents completely miss is the understanding of what a warrant is .
That's the real problem. How many people understand what the heck a warrant even is anymore?
Only like the greatest hairband EVAR!
....oh.....I may have made your case for you.....
Younger generations don't seem to care? It seems to me like younger generations are the ONLY ones that care. The older generations are the ones that got us here.
Don't put shit on the youth. They're active. They care. OUR apathy and ignorance got us here.
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
So why not skip all the bullcrud and use common sense and let cops do their job.
That "bullcrud" is called Due Process and the Constitution of the United States of America.
"Nearly 100%" doesn't cut it. You're being a douchenozzle right now.
If it was your freedom at risk, why would you elect to remove the Judiciary oversight from your interaction with law enforcement?
Another question:
You may feel that way, but why would you deny me my Constitutional right to privacy in my effects and papers?
The position you hold is not reasonable, or rational, and basically amounts to "due process and oversight is so hard. I have to like convince a judge that my logic is correct".
In other words, you strongly disagree with the idea of peer review.
Those checks and balances were created by the founding fathers for a reason. Not just to fuck with law enforcement and make their lives harder.