Court OKs searches of cell phones without warrant

Discussion in 'privacy general' started by Dogbiscuit, Jan 5, 2011.

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  1. Dogbiscuit

    Dogbiscuit Guest

    Article
     
    Dogbiscuit, Jan 5, 2011
    #1
  2. caspian

    caspian Registered Member

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    That doesn't seem right. So if they find the login to your bank account they can access that too?
     
    caspian, Jan 5, 2011
    #2
  3. Carver

    Carver Registered Member

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    Can a cell phone be encrypted.
     
    Carver, Jan 5, 2011
    #3
  4. nightrace

    nightrace Registered Member

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    nightrace, Jan 6, 2011
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  5. Searching_ _ _

    Searching_ _ _ Registered Member

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    So I guess when the 4th Ammendment says:
    "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."
    Wikipedia

    So it is possible for a state law to nullify a federal law. Cool!

    In the mean time encryption will be the only way to protect those being arrested until this gets hashed out in the US Supreme Court, if it ever does.

    I wonder if those selling encryption technology paid off the judge??

    What is going on in California? This is worse then training Boy Scouts as Anti-Terrorist Assault Teams.
     
    Last edited: Jan 6, 2011
    Searching_ _ _, Jan 6, 2011
    #5
  6. Dogbiscuit

    Dogbiscuit Guest

    With the caveat that I have no legal training whatsoever, the answer currently appears to be no (U.S. v. Warshak), see this Wilders thread: Fourth Amendment Protects Hosted E-mail - Appeals Court Holds
     
    Dogbiscuit, Jan 6, 2011
    #6
  7. Carver

    Carver Registered Member

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    Carver, Jan 6, 2011
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  8. cm1971

    cm1971 Registered Member

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    It does seem to be setting a bad precedent.
     
    cm1971, Jan 6, 2011
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  9. aladdin

    aladdin Registered Member

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    So, if they stop you for minor traffic violation and then arrest you, they can legally search your car without a warrant?

    Best regards,

    KOR!
     
    aladdin, Jan 7, 2011
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  10. Searching_ _ _

    Searching_ _ _ Registered Member

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    If arrested after a minor traffic violation we can assume that the person most likely had a warrant for arrest, or drug paraphernalia was visible.
    In some states the arrest warrant would allow them to do a weapons search of spaces accessible to the occupants while most states will search with visible drug paraphernalia.
     
    Searching_ _ _, Jan 7, 2011
    #10
  11. aladdin

    aladdin Registered Member

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    Far fetched scenario! No arrest warrant and no visible drug paraphernalia. The cop doesn't like the looks, he/she makes a arrest and now he/she can legally search the car.

    Or arrest warrant is issued for someone. The copy makes the arrests at home, now he/she can search the house without a warrant.

    Kind regards,

    KOR!

    P.S. Leaves too many grey areas!
     
    aladdin, Jan 7, 2011
    #11
  12. nightrace

    nightrace Registered Member

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    nightrace, Jan 8, 2011
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  13. Dogbiscuit

    Dogbiscuit Guest

    Why you should always encrypt your smartphone

    Mobile Security: How iPhone, Android, Windows Phone 7, and the rest stack up
     
    Last edited by a moderator: Jan 18, 2011
    Dogbiscuit, Jan 18, 2011
    #13
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