California Governor Veto Allows Warrantless Cellphone Searches

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Hey boys and girls, warrantless cellphone searches will soon be all the rage again thanks to the governor decision to veto legislation that blocked them. Damn, just when you thought it was safe to travel to/in/around California. :(

The Sunday veto means that when police arrest anybody in the Golden State, they may search that person’s mobile phone — which in the digital age likely means the contents of persons’ e-mail, call records, text messages, photos, banking activity, cloud-storage services, and even where the phone has traveled.
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Law enforcement wouldn't be questioning you unless you were a terrorist, anyway.
 
This is legal how? Federal law trumps state law, and there's definitely a federal law against illegal search and seizure..

The 4th Amendment said:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
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A cell phone is definitely a personal effect.. This would not stand up in federal court.
 
And this is why I use my phone for just phone calls, and have nothing incriminating about my phone log.
 
simonizor said:
This is legal how? Federal law trumps state law, and there's definitely a federal law against illegal search and seizure..
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Yup. I know a bunch of people who were just served sealed warrants and had all their legally grown weed confiscated by the feds in Oregon. They also took all their cell phones, computers and bank records. No one was arrested, though.

Just because something is legal at the state level doesn't make it legal at the federal level.
 
1. Backup phone to home computer (need a warrant to search that (for now at least))
2. Set phone to wipe after three incorrect login attempts
3. ???
4. Profit
 
simonizor said:
This is legal how? Federal law trumps state law, and there's definitely a federal law against illegal search and seizure..



A cell phone is definitely a personal effect.. This would not stand up in federal court.
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I'm still puzzled as to how States can enact laws that are against Federal law. This is a great example, well, this is actually against the Constitution first and foremost. But with medical marijuana. Weed is illegal on the Fed. level but the state of CA legalized it or was distributing it anyway... how does that work?
 
simonizor said:
This is legal how? Federal law trumps state law, and there's definitely a federal law against illegal search and seizure..



A cell phone is definitely a personal effect.. This would not stand up in federal court.
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Don't be so sure. If the police arrest you while you are in your car, your car is a personal effect but they are allowed to search said car. The car is considered to be part of the criminal act as the arrest occured while your in the car or something to that effect.

Honestly, most criminals, and non-criminals for that matter, carry their cellphones around with them so much (24/7) that they probably would have had a cellphone on them while said crime was commited. Whether that crime be something as simple as speeding or more serious like breaking in and illegal entry.
 
WBurchnall said:
Don't be so sure. If the police arrest you while you are in your car, your car is a personal effect but they are allowed to search said car. The car is considered to be part of the criminal act as the arrest occured while your in the car or something to that effect.

Honestly, most criminals, and non-criminals for that matter, carry their cellphones around with them so much (24/7) that they probably would have had a cellphone on them while said crime was commited. Whether that crime be something as simple as speeding or more serious like breaking in and illegal entry.
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This entire post is complete FUD.
 
Maverick1337 said:
I'm still puzzled as to how States can enact laws that are against Federal law. This is a great example, well, this is actually against the Constitution first and foremost. But with medical marijuana. Weed is illegal on the Fed. level but the state of CA legalized it or was distributing it anyway... how does that work?
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The legal system is slow. Until a case comes up and gets challenged all the way up to the supreme courts the states get to do what every they want and they know it.
 
as a bonus he signed a anti-2nd amendment law today as well. Open carry now banned.

For those asking "why open carry, just get CCW permit!" The only way to get a CCW permit is if the county sherrif allows you one. And most of them have made it clear that SELF DEFENSE is NOT a compelling reason to issue permit. You have to be a business owner making cash deposits at night, or something like that.

Governor MoonBat strikes down two civil rights in one day.
 
Zangmonkey said:
California wanted Moonbeam, they got him.
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IMO, California didn't want Meg Whitman more.

Gotta love his excuse "the courts should be the ones deciding this" while I will agree, apparently the courts are dragging their asses. Although do we really want to leave interpretation up to courts alone? Everyone says this is an illegal search, and yet you're still on the fence.
 
I hope there's a recall. He needs to get kicked out. Financial aid for illegal immigrants is crap also. Nothing against mexicans or immigrants but i think its wrong to take money from people that paid into the system and give it to people who haven't. All those citizens that have paid into the system will get denied financial aid over an immigrant who just came illegally from the border. There's a difference between legal and illegal immigrant. Rewarding bad behavior is what Jerry Brown is doing. I thought it was against federal law to house or even aid an illegal immigrant. This is why we are at such a deficit. Giving hand outs to people that haven't contributed anything into the system. Need a recall fast.
 
I'm so glad I don't live in California. That state is eroding civil rights at a rate much faster than the rest of the country. Ironic, given how concerned they are with illegals with no intention of becoming citizens having the same rights as citizens.

I guess they want illegals and citizens alike to both have as few rights as possible without the Feds cracking down.
 
Maverick1337 said:
I'm still puzzled as to how States can enact laws that are against Federal law.
Once upon of time there was no United States of America. A bunch of colonists broke away from England and formed States. They created those states for specific purposes, by yielding to the State certain rights.

There was NO federal government at the time. The States formed a Constitutional Congress and formed the Federal Government, using powers granted by the citizens to the state.

Today the horse is pulling the cart, the Fed rules the States, they both rule the citizen.
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Dream act is a nightmare. Instead of hardworking American kids getting these scholarships, students that are breaking the law can now get them. Promoting crime while the people that have been waiting in line to get citizenship are left out in the cold. People that haven't contributed anything are now getting free hand outs. At a time when we are at such a high deficit in debt Jerry Brown goes and bleeds out more money on the side. The country is just going down hill. Jerry Brown is bad. Passed a law where a 12 year old can get an abortion also. No one that age is wise enough decide that. All these bad laws are being passed by a dumb governor. Hes only passing this dream act because he wants the mexican vote to be re-elected at tax payers expense. Now citizens will be denied financial aid and the money will be given to illegals for them to spend. They won't be able to get hired legally. Worse governor in along time.
 
Conker said:
I hope there's a recall. He needs to get kicked out. Financial aid for illegal immigrants is crap also. Nothing against mexicans or immigrants but i think its wrong to take money from people that paid into the system and give it to people who haven't. All those citizens that have paid into the system will get denied financial aid over an immigrant who just came illegally from the border. There's a difference between legal and illegal immigrant. Rewarding bad behavior is what Jerry Brown is doing. I thought it was against federal law to house or even aid an illegal immigrant. This is why we are at such a deficit. Giving hand outs to people that haven't contributed anything into the system. Need a recall fast.
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I agree totally. This has me so heated I can't even see straight right now. I can't wait to get the hell out of California.
 
jesus

and this from governor moonbeam

I'm running out of faces...and palms
 
Well fuck california. God im 16 and it pisses me off knowing that my familey has paid there taxes every year and dont make enough to send my brother and i to a even ivytec and yet these people jump the boarder and oh its ok heres 20,000 have fun! Dont forget to vote for me!

Wish our foundint fathers were here obama and a lot of people would be getting hurt.
 
simonizor said:
This is legal how? Federal law trumps state law, and there's definitely a federal law against illegal search and seizure..



A cell phone is definitely a personal effect.. This would not stand up in federal court.
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The courts might argue that while your cellphone is yours, the service is not.

Sucks.
 
Aus10 said:
Explain? If the cell phone is indeed yours and the service isnt i dont get that?
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Doesn't the Federal Patriot Act already allow agents on the State and Federal level to request customer information and data from telephone companies?

Someone in the thread mentioned wiping their phones - but seem to have forgotten a thread we had a couple weeks ago talking about AT&T and Verizon keeping customer communications data for a few months. If you refuse to give law enforcement your phone, that's fine and dandy with them because they'll just get information another way.

Keep in mind that by explaining all this I am not a supporter of government privacy violation without warrants. I'm just telling it as it is.
 
i thought that the police still need a search warrant to search one's car unless you agree to it, no? if that is still the case than put your cell phone in your glove box before you get out of your car.
also, if you have something to hide from the authorities than keep a taser in your car. assuming you have a backup of your cell phone/smartphone simply use the taser on your phone which should wipe and/or destroy anything useful in it. of course, as some one pointed out, they can still get your phone records from your cell phone carrier.
 
No the more I read the more I see the government doesn't care about us all the want is to know everything and have power. That's all it is. Hell I'm considering going into the government maybe we can change this?

It's the people that put them in office. We just need go people.
 
Conker said:
I hope there's a recall. He needs to get kicked out. Financial aid for illegal immigrants is crap also. Nothing against mexicans or immigrants but i think its wrong to take money from people that paid into the system and give it to people who haven't. All those citizens that have paid into the system will get denied financial aid over an immigrant who just came illegally from the border. There's a difference between legal and illegal immigrant. Rewarding bad behavior is what Jerry Brown is doing. I thought it was against federal law to house or even aid an illegal immigrant. This is why we are at such a deficit. Giving hand outs to people that haven't contributed anything into the system. Need a recall fast.
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But but but but.........they're just trying to find a better way of life....

God I hate it when people use that nonsense to argue against illegal immigration. They are leeches sucking the money away from us good, hardworking Americans.
 
darkpark said:
if you have something to hide from the authorities than keep a taser in your car. assuming you have a backup of your cell phone/smartphone simply use the taser on your phone which should wipe and/or destroy anything useful in it.
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Lol, that would be hilarious to see on cops. They walk up to the vehicle and the occupants are all tazing their cell phones.
 
Aus10 said:
No the more I read the more I see the government doesn't care about us all the want is to know everything and have power. That's all it is. Hell I'm considering going into the government maybe we can change this?

It's the people that put them in office. We just need go people.
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Go for it. Trouble is once an honest (and, sorry I must say it) naive person becomes elected, a lobbyist will approach you, give you a few thousand, which you've probably never seen at one time, and then boom, you'll sign that piece of legislation you've been firmly against.

It happens all the time. Money is too powerful, especially today.
 
Maverick1337 said:
But but but but.........they're just trying to find a better way of life....

God I hate it when people use that nonsense to argue against illegal immigration. They are leeches sucking the money away from us good, hardworking Americans.
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QFT. They want a better life, but so do the millions of people who came here legally as well as millions more of U.S.-born citizens who are in need of financial support. California is waaaaaaaay too lenient when it comes to illegal immigrants.
 
If your phone is locked and password protected, are you legally required to provide a pass code? I wouldn't think so, but...
 
SLiGuy said:
QFT. They want a better life, but so do the millions of people who came here legally as well as millions more of U.S.-born citizens who are in need of financial support. California is waaaaaaaay too lenient when it comes to illegal immigrants.
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California is a sanctuary state.
 
Maverick1337 said:
I'm still puzzled as to how States can enact laws that are against Federal law. This is a great example, well, this is actually against the Constitution first and foremost. But with medical marijuana. Weed is illegal on the Fed. level but the state of CA legalized it or was distributing it anyway... how does that work?
Click to expand...

What do you expect when you have politicians in charge of California who believe the constitution is nothing than an outdated piece of paper.

If you want a good idea of what the country will look like with a 2nd Obama term, just look at Kalifornia….
 
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