Cops need a warrant to search your cellphone...

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  • GodFearinGunTotin

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    Mar 22, 2011
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    Mitchell
    From the Washington Times:
    The Supreme Court ruled Wednesday that police cannot go snooping through people’s cell phones without a warrant, in a unanimous decision that amounts to a major statement in favor of privacy rights.

    From the OP:
    In an unanimous decision, the court ruled against the Obama administration.

    Hmm...well when I first read the OP, it said 8-1 now it's unanimous as the first story I read on this.

    Oh well...good decision.
     

    Cameramonkey

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    just waiting for the grey area where somebody hands over their phone to show the officer proof of insurance via their geico, etc app. and the officer later claims he was granted permission to search by the defendant handing the device to him willingly much like a resident inviting the officer into the house and the cop finds something incriminating.

    (yes, I'm a cynic)
     

    Shadow8088

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    Jul 24, 2012
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    just waiting for the grey area where somebody hands over their phone to show the officer proof of insurance via their geico, etc app. and the officer later claims he was granted permission to search by the defendant handing the device to him willingly much like a resident inviting the officer into the house and the cop finds something incriminating.

    (yes, I'm a cynic)
    good point... and most of us here are cynics... you're among friends..
     

    billmyn

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    New Ross
    Never volunteer anything and never open up anything to LEO(car, home or cell). Even if you have nothing to hide!
     

    9mmfan

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    Apr 26, 2011
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    Mishawaka
    This is great new!. Can't believed all the Justices agreed on this (well, kind of). Some Liberty may still exist.
     

    Tombs

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    My wife rolls her eyes at me when I say this... she calls me paranoid...

    Remind her that as a US citizen, it is her duty to exercise her rights.

    They always say "but you're wasting the officer's time!" To which you can simply respond, that the officer is wasting his time pulling you over, and that he should be out there fighting actual crime instead. And that a search is a seriously huge waste of time.
     

    BehindBlueI's

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    Oct 3, 2012
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    just waiting for the grey area where somebody hands over their phone to show the officer proof of insurance via their geico, etc app. and the officer later claims he was granted permission to search by the defendant handing the device to him willingly much like a resident inviting the officer into the house and the cop finds something incriminating.

    (yes, I'm a cynic)

    Any time you have to manipulate the item, its no longer plain view. There's no consent to search granted by showing proof of insurance, a photograph, etc.

    Anyway, MCPO has been on board with this interpretation before SCOTUS ruled. I know some states have tried to justify it as search incident to arrest, but I think it was pretty plain it was outside the scope of that, and that's the way the rule has been applied when the question of if a warrant is required or not came up.
     

    hornadylnl

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    Nov 19, 2008
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    Why does LE even bother with an oath any more? An outdated piece of paper isn't enough to keep them in check, it takes the courts to smack them down.
     
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