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Your cellphone versus your 4th Amendment rights (Read 27 times)
Paraquat
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Your cellphone versus your 4th Amendment rights
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/d...

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


--Steve
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oldNslow
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Re: Your cellphone versus your 4th Amendment right
Reply #1 - 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.
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pg
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Re: Your cellphone versus your 4th Amendment right
Reply #2 - 10/16/15 at 13:34:29
 
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I don't make the rules, I just know what they are.....




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Serowbot
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OK.... so what's the
speed of dark?

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Re: Your cellphone versus your 4th Amendment right
Reply #3 - 10/16/15 at 13:43:50
 
I'd say, not without reasonable cause...  
...the "reasonable" part is the stickler... Roll Eyes...
Grin Grin Grin...
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Ludicrous Speed !... ... Huh...
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DesertRat
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I love rat bikes!

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Re: Your cellphone versus your 4th Amendment right
Reply #4 - 10/16/15 at 14:50:52
 
oldNslow, NAILED IT ...
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-The silence of indifference makes cowards of men.
- http://www.pipeburn.com/home/category/rat
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