CA POLICE STATE: POLICE CAN SEARCH YOUR PHONE WARRANTLESS
It looks like the California Supreme Court ruled police can search your phone during an arrest. This is most poignant when your phone is a smart phone and contains email, documents, pictures, etc... Your phone is basically a tiny computer in your pocket and it absolutely must be protected from illegal search and seizure. But, the reason lacking California Supreme Court ruled otherwise.
"The ruling allows police in California to access any data stored on an arrestee's phone: photos, address book, Web browsing history, data stored in apps (including social media apps), voicemail messages, search history, chat logs, and more. Also, depending on the use of location-enabled services or apps that store data on the phone, the police might also be able to infer the arrestee's past whereabouts." --CNNIt looks like Big Brother is pushing its way into our lives; smothering our civil rights. There is a ray of hope. Senator Mark Leno is sponsoring a bill, SB 914, to block California Police from searching your phone.
"Earlier this year I introduced a bill that would protect Californians against the Supreme Court decision allowing warrantless searches of the private information contained in portable electronic devices, including cell phones. Senate Bill 914 clarifies that an arrestee's cell phone can only be accessed with a warrant, except in circumstances where there is an immediate threat to public safety or the arresting officer. It acknowledges that accessing information on a cell phone is fundamentally different than searching an arrested person's wallet, cigarette pack or jeans pockets." --Mark Lenoread the rest of Leno's letterread the good summary of the ruling at Reason.com, which is basically quotes from Ars Technica. view the Court's ruling opinion on S166600, The People vs. Diaz, January 3, 2011 The above link may not work since the Court Opinion document system uses Lexis Nexis. If it is busted for you, go to the Opinions, click the search link, and search for S166600.
POSTED • 2011-07-21 10:15:12 • CATEGORY • POLITICS • TAGS • none