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General Category >> Politics, Religion (Tall Table) >> Your cellphone versus your 4th Amendment rights
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Message started by Paraquat on 10/16/15 at 11:03:59

Title: Your cellphone versus your 4th Amendment rights
Post by Paraquat on 10/16/15 at 11:03:59

The 4th Amendment:

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.

However, in 1973 in the case of the US vs Robinson, during a legitimate arrest, police discovered heroin in a cigarette pack on Robinson's person. (Later overturned)

https://en.wikipedia.org/wiki/United_States_v._Robinson

The question is, do police have the right to search artifacts on your person?
Keep up with technology a bit, can police search your phone and record all the information therein?

https://www.uchastings.edu/academics/faculty/adjunct/sotorosen/classwebsite/docs/Rosen-iPhone-meets-the-FourthAmendment9-14-11.pdf

There has, since June, been a ruling on this. I just wanted to see what everyone thinks of it?

--Steve

Title: Re: Your cellphone versus your 4th Amendment right
Post by oldNslow on 10/16/15 at 11:35:40

Quote:

The question is, do police have the right to search artifacts on your person?

Doesn't really matter in practical terms. The police can, and will, do pretty much WETF they want. If you think your rights were violated you can take them to court - at your expense - and even if you happen to win there will almost never be any consequences for the actual officers involved. Sue the city, Police Dept etc. and get a judgement. Who pays. The taxpayers. You.

Title: Re: Your cellphone versus your 4th Amendment right
Post by pg on 10/16/15 at 13:34:29

http://www.nbcbayarea.com/news/local/Homeland-Security-Seizes-Stockton-Mayors-Electronics-at-SFO-330423381.html

Best regards,

Title: Re: Your cellphone versus your 4th Amendment right
Post by Serowbot on 10/16/15 at 13:43:50

I'd say, not without reasonable cause...
...the "reasonable" part is the stickler... ::)...
;D ;D ;D...

Title: Re: Your cellphone versus your 4th Amendment right
Post by DesertRat on 10/16/15 at 14:50:52

oldNslow, NAILED IT ...