Police State: Court Rules Police Can Search Cell Phones Without Warrant...

Discussion in 'Law and Justice System' started by paulitician, Mar 7, 2012.

  1. paulitician
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    paulitician Platinum Member Supporting Member

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    Police Given Direct Line To Cell Phone Searches.


    Think about all the personal information we keep in our cell phones: It’s something to consider after the U.S. Court of Appeals for the 7th Circuit ruled it is now legal for police to search cell phones without a warrant.

    Former Dallas FBI Agent Danny Defenbaugh said the ruling gives law enforcement a leg up. “I think not only will it help them, but it could be life saving,” said the former Special Agent, who was based in Dallas.

    The decision stems from an Indiana case where police arrested a man for dealing drugs. An officer searched the suspect’s cell phone without warrant.

    The judge in the appeal case, Judge Richard Posner, agreed that the officer had to search the phone immediately or risk losing valuable evidence. Judge Posner ruled it was a matter of urgency, arguing it was possible for an accomplice to wipe the phone clean using a computer or other remote device.

    Defenbaugh says the ruling takes into account exigent or time-sensitive circumstances that could be life saving in more urgent cases, such as child abduction. ”If the child is alive and you’re only minutes behind, that could be critical to recovering that child alive,” added Defenbaugh.

    Paul Coggins is the former U.S. Attorney for the Northern District of Texas. Coggins says the court’s ruling pushes the envelope on privacy issues. “Does that mean officers now have the right to search through your phone, search through your search history, your photographs, your e-mails and the rest, because it could all be wiped clean,” asked Coggins.

    Read More:
    Police Given Direct Line To Cell Phone Searches « CBS Dallas / Fort Worth
    DRUDGE REPORT 2012®
     
  2. Peach
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    Peach Gold Member

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    BAD news here.
     
  3. FuelRod
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    FuelRod Gold Member

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    As opposed to what?
    Nothing "secret" anyway on you cell phone. Deleting history, etc. is not going to help and it cuts down on the red tape and ultimately costs the Government less when prosecuting a case as I see it.
     
  4. paulitician
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    paulitician Platinum Member Supporting Member

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    Yes, Big Brother is always right. We know. :(
     
  5. Peach
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    Peach Gold Member

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    No Big Brother is WRONG.


    PS I came out slightly LEFT, solid libertarian on an online "test".
     
  6. paulitician
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    paulitician Platinum Member Supporting Member

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    Cool. :thup:
     
  7. FuelRod
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    FuelRod Gold Member

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    It's not an issue of right and wrong. If you are suspected of breaking the law and your cellphone is being used to organize some of that, the evidence is available whether they take your phone or subpoena the records.
    Save some time and money...hand over your phone. If you're innocent you don't have anything to worry about.
     
  8. paulitician
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    paulitician Platinum Member Supporting Member

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    Yup, all hail Big Brother. He knows what's best for us. :(
     
  9. Trajan
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    Trajan conscientia mille testes

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    We need to get this to the SC now that a circuit ( appellate first?) has found for the Police.

    with cloud going strong and in fact the future, this is bologna. Even if it was protected in theory by password or even if the court said ON the chip of the phone only or last call menu etc....no, sorry.
     
  10. whitehall
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    whitehall Gold Member

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    Time sensitive and reasonable cause doesn't make it a police state.
     

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