Warrantless Cellphone Search Is Legal In California

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The California Supreme Court says it is okay for the police to search your cellphone without a warrant. :eek:

The state’s high court ruled in a Fourth Amendment decision handed down Monday involving the 2007 arrest of a Thousand Oaks man who purchased the drug ecstasy from a police informant. Later, a Ventura County Sheriff’s Department deputy found a text message on his cell phone implicating him in a narcotics transaction.
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Filter said:
password lock your phone i guess.
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They'll probably try to arrest you if you don't provide the password when asked.

There are plenty of cases of people getting arrested for not providing computer passwords when asked by the police. They'd probably arrest people for cellphone passwords too
 
Cyclone187 said:
They'll probably try to arrest you if you don't provide the password when asked.

There are plenty of cases of people getting arrested for not providing computer passwords when asked by the police. They'd probably arrest people for cellphone passwords too
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Or we can read the first two sentences of the article before commenting

Relying on old U.S. Supreme Court cases, California’s highest court ruled police can take a cell phone from a suspect shortly after he is arrested and go through the text messages to look for evidence without getting a search warrant.

But I guess less sensational headlines don't get those click throughs.
 
The Gonz said:
Or we can read the first two sentences of the article before commenting

Relying on old U.S. Supreme Court cases, California’s highest court ruled police can take a cell phone from a suspect shortly after he is arrested and go through the text messages to look for evidence without getting a search warrant.

But I guess less sensational headlines don't get those click throughs.
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Agree, he was under arrest. Police should be able to search his phone if the phone was on him.
 
harlock328 said:
Agree, he was under arrest. Police should be able to search his phone if the phone was on him.
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I don't agree, they should only be able to search you for weapons and book your belongings when you are arrested.

and take your shoe laces
 
k1pp3r said:
I don't agree, they should only be able to search you for weapons and book your belongings when you are arrested.

and take your shoe laces
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Oh come on, when you get arrested it is very likely that things on you may have been involved in your arrest. Its not like they grabbed this guy off the street, searched his cell phone, then arrested him based on some text messages.

If someone gets arrested on suspicion of child molestation, would you want the cops to NOT check the person's cell phone for more pics and evidence?!?
 
How about ending the stupid POS that is the 'War on Drugs'? Oh wait, that'll never happen. For the children! :rolleyes:
 
BEFORE you are arrested, police officers often have leeway to search you for weapons if they feel "threatened" at the time (for example you are in a big group, they can pat you down for weapons). During such a search, if they come across anything that is not a weapon, you can't be charged for it (although this may require a court fight depending on how far they want to push their luck).

AFTER you are arrested for a legitimate reason, you are fair game for a full search, and anything found on you can be used against you.

Also, regarding a password. In the US afaik you cannot be forced to provide a password, it is up to the authorities to obtain evidence to use against you. This is not true in all countries, for example someone in the UK was held in contempt for refusing to give up a truecrypt password, that's why they have hidden volumes....
 
ocellaris said:
If someone gets arrested on suspicion of child molestation, would you want the cops to NOT check the person's cell phone for more pics and evidence?!?
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Considering you will not get arrested on the street for child melostation the cops would probably already have a warrant for searching your home so pretty different issues there
 
Sounds like we need an optional 2nd password, that when entered wipes the phone (including all evidence of this password option)

Then you can complain that they messed up your phone. :)
 
nutzo said:
Sounds like we need an optional 2nd password, that when entered wipes the phone (including all evidence of this password option)

Then you can complain that they messed up your phone. :)
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Sounds like a really good idea to me. My only problem with this is many people don't erase things on their phones and may have information implicating other people in transactions unrelated to their current predicament, effectively fucking all those people. Maybe that's not how it works, though.
 
I hope it's challenged in the US Supreme Court. There is obviously conflict now and the USSC had refused to take a similar case before.

But in refusing, the statement released hinted that the court would side with warrantless searches of devices and email. No good news really. The majority hates the 4th amendment.
 
harlock328 said:
Agree, he was under arrest. Police should be able to search his phone if the phone was on him.
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Right, so they should also be able to search through your laptop if it's in the trunk of your car when you're arrested too, right? Because that's also covered under this. My phone actually has all the important stuff backed up onto it as it really is a 16GB flash drive. Including protected legal converstations.
 
then put an oh shit button on the phone to wipe the memory. or a micro charge to melt it.

easy
 
vengence said:
Right, so they should also be able to search through your laptop if it's in the trunk of your car when you're arrested too, right? Because that's also covered under this. My phone actually has all the important stuff backed up onto it as it really is a 16GB flash drive. Including protected legal converstations.
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Yeah if the laptop may contain relevant information about your crime.
 
This is illegal as hell... They need a warrant.

So for those of you who agree with this BS, the next time you get pulled over for a traffic violation and the cop asks to browse through your txt messages & what not, don't complain about it... I hope he enjoys the nudes of your GF.
 
Put a microwave in your car, and do like that "hacker" movie where the guy toses his hard drives into the microwave when they raid his mom's basement :p
 
Monolith2013 said:
This is illegal as hell... They need a warrant.
So for those of you who agree with this BS, the next time you get pulled over for a traffic violation and the cop asks to browse through your txt messages & what not, don't complain about it... I hope he enjoys the nudes of your GF.
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Ya know, if there's nothing illegal on your phone, your in the clear. If your girlfriend is under the age of consent, your screwed, you knew it was illegal when you did it, and you did it to yourself anyway. Don't do crime, m'kay?
 
weebling1 said:
Ya know, if there's nothing illegal on your phone, your in the clear. If your girlfriend is under the age of consent, your screwed, you knew it was illegal when you did it, and you did it to yourself anyway. Don't do crime, m'kay?
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That's like telling people not to pirate.
 
Drugs aside, it's still bullshit and to think some of you guys think this is ok............fuck California, what next?
 
The precedent is not set and this will go to the supreme court.
(Dec. 15, 2009) The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement officers and there are no exigent circumstances.
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(Dec. 15, 2009) The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement officers and there are no exigent circumstances.
 
This case may go to the US Supreme Court, but don't forget, it already has:

United States vs. Chadwick. The 1977 case said police may, without obtaining a warrant, inspect a mobile phone carried by a suspect at the time of arrest, by viewing or listening to its electronically stored data, even when a substantial time has elapsed since the arrest.


People seem to be confused however, this case is about a Search Incident to Arrest. Which means after your placed under lawful arrest your cell phone is searched. Not randomly or for no reason. You've been arrested.

Also, since the late 80's Police have been getting telephonic search warrants which take approx. 10 minutes. So yelling "get a warrant" nowadays usually results in just that and you're subsequent arrest.
 
This is illegal.
Now the real question is, would this have passed if an Austrian born ex-movie star was not governor?
 
Monolith2013 said:
This is illegal as hell... They need a warrant.

So for those of you who agree with this BS, the next time you get pulled over for a traffic violation and the cop asks to browse through your txt messages & what not, don't complain about it... I hope he enjoys the nudes of your GF.
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How would browsing a cell phone differ from having a piece of paper in your pocket that says "Take 1/4 oz marijuana to 383 eatme lane, eight of coke to .... " ???

Second, if you're pulled over for a traffic violation, they need to arrest you to search you (and your cell phone), not just pulling you over. The key term of the day here kiddies is "probable cause" and it is in the 4th amendment as well (but often forgotten), so as long as you don't smell of weed, or there's a half naked 14 year old sitting next to you, they won't have probable cause to search your cell phone.
 
“ 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. ”

The framers of the Constitution quite obviously intended the personal property of individuals to be free from unreasonable searches and seizures. The fourth amendment is the cornerstone of American privacy. Forming this great country the forefathers were escaping government oppression and thus they recognized the potential for abuse of power by corrupt authority. They thought it of such concern that only a judge was granted the ability to issue a search warrant.

http://www.youtube.com/watch?v=N5QTR6SXVxw
 
The Gonz said:
Or we can read the first two sentences of the article before commenting

Relying on old U.S. Supreme Court cases, California’s highest court ruled police can take a cell phone from a suspect shortly after he is arrested and go through the text messages to look for evidence without getting a search warrant.

But I guess less sensational headlines don't get those click throughs.
Click to expand...

So, they get you walking down the street, "arrest you" on some frivolous thing like J walking, then search your phone.... makes no difference
 
Being from Thousand Oaks I am very familiar with the Ventura County Sheriff’s Department...I can say absolutely nothing nice about them.
 
I just assume already that its warrantless and the top dogs up that control society can look at stuff like that any time they want.... with a simple phone call and fax/email they can get your entire phone call history with times, dates, #s, and if it was incoming or outgoing plus where you called from using cell tower triangulation and/or GPS for the newer phones if you have it turned on 24/7
 
Dylan80 said:
I just assume already that its warrantless and the top dogs up that control society can look at stuff like that any time they want.... with a simple phone call and fax/email they can get your entire phone call history with times, dates, #s, and if it was incoming or outgoing plus where you called from using cell tower triangulation and/or GPS for the newer phones if you have it turned on 24/7
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Nope, doesn't work like that. That warrantless argument by the federal government is very limited in scope and has to be relevant to what they are aiming for (stopping terrorism like Bin Laden [okay, not OBL but some lower echelon guy] texting some dude here in the United States). Anything else not relevant is a no-go. They still have to get a warrant to get a full dump from the cell provider because without, it opens a can of worms for the cell provider if they acted under the guise that no warrant was necessary. Nonetheless, the program is still judicially reviewed by federal judges.
 
What if it is a sleeper cell terrorist who wants to blow up a bomb of narcotics over playgrounds and then molest the dazed children or at least read them the Communist Manifesto? What do you do? WHAT DO YOU DO?

Surely the Constitution should be temporarily bypassed, as the guilt is clear. Also, take the appropriate measures against his friends and family, just to be safe.

Subject him to the pillory, and if he cannot pay for representation, off to debtor's prison.
 
Considering the amount of private information you can have on your phone these days, they might as well introduce warrantless home searches. If someone searched my phone, they would probably find out 90% of the info they would get from searching my home.
 
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