Californians... Your SCREWED!!!!

The next time you're in California, you might not want to bring your cell phone with you. The California Supreme Court ruled Monday that police can search the cell phone of a person who's been arrested -- including text messages -- without obtaining a warrant, and use that data as evidence.

The ruling opens up disturbing possibilities, such as broad, warrantless searches of e-mails, documents and contacts on smart phones, tablet computers, and perhaps even laptop computers, according to legal expert Mark Rasch.

To read the whole article... http://redtape.msnbc.com/2011/01/cou...t-warrant.html

Rasch, former head of the Justice Department's computer crime unit, pulled no punches in his reaction to the ruling.

"This ruling isn't just wrong, it's dangerous," said Rasch, now director of cybersecurity and privacy at computer security firm CSC in Virginia. "It's remarkable, because it simply misunderstands the nature of these devices."

The door is open for police to search the entire contents of iPhones or other smart phones that people routinely carry, he said.

"In fact, I would be shocked if police weren't getting instructions right now to do just that," he said.

By applying the "personal property on the defendant's person" standard, Rasch said, the ruling could logically extend to tablets or even laptop computers, he said.

It also flies in the face of established law, which prohibits the warrantless search of briefcases by police, other than a quick search for weapons, Rasch said.

How in the hell is someone dumb enough to try and make this connection

In its ruling, the majority likened cell phone inspection to police inspection of a cigarette pack taken from a suspect, which was ruled a legal search in a prior case. A second ruling was cited involving the search of clothing removed from a suspect.

An electronic device is not the equivelent of searching a pack of smokes.

god forbid you wife sends you naughty pics in a text.

Quite upset about this.... this state is beyond fucked up. My electronics are still my property and if I get arrested for something stupid it's nice to know the guys who arrested me are having some laughs about the stupid shit on my phone.

(not saying I'm going to go out and get arrested, this is just theoretical! lol)

Originally Posted by RidgeTop Reptiles

How in the hell is someone dumb enough to try and make this connection



An electronic device is not the equivelent of searching a pack of smokes.

god forbid you wife sends you naughty pics in a text.

Someone would have to be dumb as a bag of hammers to send ANYONE ANY naughty pics via text... that crap's permanently stored on multiple servers somewhere, regardless if you "delete" it from your phone. Husband or not ladies, if you don't want someone besides your husband seeing your naughty pictures, keep them off the airwaves.

I don't see much difference in this and the cops going through a purse after a woman is arrested. I guess I don't see what the bfd is.

Originally Posted by Mister Internet

Someone would have to be dumb as a bag of hammers to send ANYONE ANY naughty pics via text... that crap's permanently stored on multiple servers somewhere, regardless if you "delete" it from your phone. Husband or not ladies, if you don't want someone besides your husband seeing your naughty pictures, keep them off the airwaves.

Exactly.

Originally Posted by KelliH

I don't see much difference in this and the cops going through a purse after a woman is arrested. I guess I don't see what the bfd is.

the BFD it is in violation to your 4th admendment rights. Can they come into your home and read your emails WITHOUT a search warrent. NO! But they can read your emails on your smart phone without one. If phones were just a way to place calls... then no big deal... but phones now days are so much more. Some of the newer phones are even coming with chips similar to your credit cards.... so you can just swipe it past a reader and pay with your phone. Guess what... they need a search warrent to view your financials too.... but not if those financials happen to be on your phone.

Wake up folks. We are letting our gov slowly take away our constitiutional rights.... bit by bit... piece by piece. Once they do they will have us right where they want us. Sheep in a pasture at their every whim.

Originally Posted by RidgeTop Reptiles

Wake up folks. We are letting our gov slowly take away our constitiutional rights.... bit by bit... piece by piece. Once they do they will have us right where they want us. Sheep in a pasture at their every whim.

What leads you to believe that we aren't already at that point now?

We are all just tax cattle, plain and simple.

Did you ever wonder why cattle are held within a pen with those flimsy strands of wires stapled to posts around them?

Turn on the TV, hand me a beer and a bowl of pretzels... Mooooo .......

I hope Im alive to see the American people grow a set of balls and say enough is enough. Hell at 80 Id jump in that fight.

I got notified of an infraction from profanity in my previous post on this thread. I could have sworn this was HELL and not SOUND OFF!!!. I guess I need to pay better attention.

I can't edit or delete it so I just want to apologize to anyone I could have potentially offended by it!