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DOJ Complains About Getting a Warrant To Search Mobile Phones

Posted by samzenpus on from the give-us-an-easy-button-please dept.

An anonymous reader writes "The US government has entered its reply brief in the US vs. Wurie case and its argument in favor of warrantless searches of arrestees' cell phones contains some truly terrible suppositions. The government argues that impartial technological advancements somehow favor criminals. As it sees it, the path to the recovery of evidence should not be slowed by encryption or wiping or even the minimal effort needed to obtain a warrant. From the article: 'The government agrees that times are changing but counterintuitively argues that only law enforcement is being negatively affected by this. Every argument in favor of warrantless searches contains some sort of lamentation about how tech-savvy criminals will be able to cover up or destroy evidence contained on their phones before the police can crack open these new-fangled address books and copy everything down.'"

9 of 178 comments (clear)

  1. Scumbags, the lot of them. by Anonymous Coward · · Score: 5, Insightful

    It's almost like citizens should have their papers and effects safe from warrant-less searches. Crazy, I know.

    1. Re:Scumbags, the lot of them. by BiIl_the_Engineer · · Score: 5, Insightful

      Typical. We're supposed to be the land of the free, and yet all these thugs care about is 'safety' (or, in reality, power), even when freedom should be considered more important in a land of truly free and brave people.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    2. Re:Scumbags, the lot of them. by Jane+Q.+Public · · Score: 5, Insightful
      Jack Vance probably said it best, in one of his novels. Here a ruler is speaking to the legislative body of government (e.g., congress, parliament):

      I urge you not to endorse this sinister measure. Humanity many times has had sad experience of superpowerful police forces...

      As soon as [the police] slip out from under the firm thumb of a suspicious local tribune, they become arbitrary, merciless, a law unto themselves. They think no more of justice, but only of establishing themselves as a privileged and envied elite. They mistake the attitude of natural caution and uncertainty of the civilian population as admiration and respect, and presently they start to swagger back and forth, jingling their weapons in megalomaniac euphoria.

      People thereupon become not masters, but servants. Such a police force becomes merely an aggregate of uniformed criminals, the more baneful in that their position is unchallenged and sanctioned by law. The police mentality cannot regard a human being in terms other than as an item or object to be processed as expeditiously as possible. Public convenience or dignity means nothing; police prerogatives assume the status of divine law. Submissiveness is demanded. If a police officer kills a civilian, it is a regrettable circumstance: the officer was possibly overzealous. If a civilian kills a police officer all hell breaks loose. The police foam at the mouth. All other business comes to a standstill until the perpetrator of this most dastardly act is found out. Inevitably, when apprehended, he is beaten or otherwise tortured for his intolerable presumption.

      The police complain that they cannot function efficiently, that criminals escape them. Better a hundred unchecked criminals than the despotism of one unbridled police force.

      Again I warn you, do not endorse this measure. If you do, I shall surely veto it."

      From The Star King, by Jack Vance

      This passage is notable for how demonstrably true it is. We have had exactly this problem with our local police, for many years, and we are only now beginning to get a handle on them.

    3. Re:Scumbags, the lot of them. by Impy+the+Impiuos+Imp · · Score: 4, Insightful

      Every historical democracy failed because they gave over "emergency powers" that were never given back.

      The Founding Fathers, for all their warts, were a hell of a lot wiser than current politicians. They foresaw a neverending battle of generation after generation ready to fall into this trap.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  2. Boo Fucking Hoo by ShaunC · · Score: 5, Insightful

    Do some real investigative work and make your freaking case. If the only evidence you have on someone is contained within their cell phone, perhaps they aren't guilty of anything they ought to be getting arrested for.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  3. Somebody call a wambulance by sbrown7792 · · Score: 5, Insightful
    Digital or not, it's someone's property. Get over yourself and get a warrant to search/seize it.

    tech-savvy criminals will be able to cover up or destroy evidence contained on their phones before the police can crack [it] open

    And fire-savvy criminals will be able to cover up or destroy evidence contained in their house. What's the difference?

  4. tl;dr by ebno-10db · · Score: 5, Insightful

    tl;dr

    DoJ complains about 4th Amendment - wants it repealed.

  5. Re:We're here to "help" you! by Anonymous Coward · · Score: 5, Interesting

    Tazer? You must be a city boy. Out here in the county, the Sheriff's office gets the wrong address for a non-violent drug offender, activates the SWAT team, kicks down your door, shoots your dogs instantly whether or not they're a threat (read the policies out there; they did it to a mayor even), and then throws you on the floor and hog ties you and your wife in front of your kids.

    Then they figure out they have the wrong address.

    But you will still stay down, fool.. and you will comply.

    Or else.

    Preface: I live in the sticks on seven acres with over-zealous law enforcement (ironically many of whom I talk with at the target range) and the occasional meth head.

    And this kids, is why I'm probably on a list. I've got el-cheapo 360 degree camera coverage (including IR spectrum for night) hooked to a DVR which is also periodically (as in every ten minutes) backed up to an off-site location. I've also got motion sensor flood lights on every side of the house and garage. The floods and the DVR system are UPS backed. The locations of the cameras, while not being necessarily hidden, are not immediately obvious.

    My wife and I are both professionals with no kids, and generally like to be left the hell alone, so throughout the house (and basement, and garage) there are one of two types of weapons accessible: Smith and Wesson 686+ 7 shot .357 revolvers and Mossberg Persuaders in 12 gauge. Yes, we have more than one of each. It was an initial purchase that we made when we moved to the middle of nowhere, and the weapons are all hidden. If worse comes to worst and body armor is involved, in the gun safe is an AR-15 platform loaded up with the best 6.8mm SPC I can buy (unless they're wearing ceramic plates, I'll own em like a two dollar whore)

    We're both recreational shooters, have had considerable training (and indeed are going to Front Sight next year), and put rounds down range every month, if not every week as a hobby.

    I'm a software engineer who works from home (and former soldier), and she's a school teacher (and farm girl). We both lament that this mentality is needed, but here in Appalachia it's kind of like considering George Bush's presidency: no move too stupid.

    - signed: A Gun Totin' Working Class Agnostic Center-Left Democrat

  6. Re:We're here to "help" you! by bsolar · · Score: 4, Insightful

    His strategy is to remove impunity from their actions. It should happen through prosecution of unneded violence, but sadly this is not the case. He might also be correct: unneeded violence is much more unlikely from if that would put the "aggressor" in danger too. As they say: "if you want peace, prepare for war."