Californians... Your SCREWED!!!!

[Southern Wolf]

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/court-cops-can-search-cell-phone-without-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.

 

[Southern Wolf]

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.

 

[BayBredBeardies]

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)

 

[Mister Internet]

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.

 

[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.

 

[KelliH]

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.

 

[Southern Wolf]

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.

 

[WebSlave]

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 .......

 

[Southern Wolf]

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.

 

[BayBredBeardies]

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!

 

[SERPENTS DEN]

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.

The American people should have said enough is enough many of years ago and still they remain silent.

 

[Southern Wolf]

The American people should have said enough is enough many of years ago and still they remain silent.

Sad but true.

The gov has made it so you can get sexually mollested and have nude images of you without a search warrent.

The gov has made it so they can scan your text messages, emails, photos, and whatever else may be on your phone without a search warrent.

Before long they will be sticking a finger in your butt looking for contraband without a search warrent.

 

[AbsoluteApril]

The American people should have said enough is enough many of years ago and still they remain silent.

it will take drastic changes in people's everyday lives to inspire epic change and ever bring another true revolution (or anarchy)

just for the heck of it..

here is a radio interview with Jello talking about the song:
http://www.californiareport.org/archive/R607141630/e

(I was going to put a pic of the famous painting "Liberty leading the people" here but she's top-less and this isn't hell..)

"He [the revolutionary] is damned always to do that which is most repugnant to him: to become a slaughterer, to sacrifice lambs so that no more lambs may be slaughtered, to whip people with knouts so that they may learn not to let themselves by whipped, to strip himself of every scruple in the name of a higher scrupulousness, and to challenge the hatred of mankind because of his love for it - an abstract and geometric love."
Arthur Koestler
"Darkness at Noon"

 

[KelliH]

First of all, I have nothing to hide in my cell phone. Or my email come to think of it. If I was arrested, I think I would have more important things to worry about than an email being read, especially if I happened to be innocent.

I don't worry about it because I make sure I stay out of situations in which I have a chance of being arrested. It's not hard to do.

 

[KelliH]

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.

OK... I really want to try and discuss this intelligently. What constitutional rights do you believe have been taken away from us? Let's start there.

 

[Southern Wolf]

First of all, I have nothing to hide in my cell phone. Or my email come to think of it. If I was arrested, I think I would have more important things to worry about than an email being read, especially if I happened to be innocent.

I don't worry about it because I make sure I stay out of situations in which I have a chance of being arrested. It's not hard to do.

Just because you dont have anything to hide shouldn't mean your willing to bend over and take it up the rear. I dont have anything to hide either... and chances are I have been thru a more exhaustive background check than most folks here.

 

[Southern Wolf]

OK... I really want to try and discuss this intelligently. What constitutional rights do you believe have been taken away from us? Let's start there.

to start.... 4th admendment.... Protection from illegal search and seazure (sp?)

 

[Mister Internet]

to start.... 4th admendment.... Protection from illegal search and seazure (sp?)

Illegal S&S has been defined historically as S&S without probable cause... how is arresting someone for probable cause not probable cause enough to search their person? Cops have been searching people's bodies when given probable cause for DECADES... you wouldn't have a problem with them removing an arrestee's wallet or car keys, would you? What if the person has a list of names and numbers in their wallet, is the cop just supposed to turn their eyes away before they see "personal information"?

I'm honestly curious... how is checking out a cell phone different from checking pockets and checking a wallet for I.D., etc?

 

[WebSlave]

OK... I really want to try and discuss this intelligently. What constitutional rights do you believe have been taken away from us? Let's start there.

Fourth Amendment
Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause.

Being arrested does not waive your rights as a citizen. It does not grant any body of government the right to seize your personal belongings nor engage in any searches of any such personal belongings without having a specific warrant in hand specifying what is to be searched and what is the specific itemized target of such a search.

Fifth Amendment
Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy.

There is no due process (DEFINITION: the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards.) evident when personal property is taken that is not directly evidence of the crime for which the alleged person was arrested for. It's a circular application of bad law, as the officers are using an illegal search of information within a cell phone to use as justification of the confiscation and search after the fact. The argument that they found incriminating evidence in a "fishing expedition" does not retroactively support the premise that due process has taken place. Also, quite frankly, any evidence found via text messages and the like on something of the nature of a cell phone, laptop computer, etc, that even has anything of an evidentiary nature would have to considered as being self incriminatory, albeit taken by force, and certainly without the permission of the accused.

Yeah, I know we can all think of dozens of examples where such safeguards are ignored on a daily basis at all levels of government, which is certainly the POINT of this discussion. The US Constitution and amendments were generally designed to protect US from the government. Who is to blame because we all just sat back and allowed this to happen? No one is willing to die just to keep their cell phones private, now are they?

Of course, the loss of our freedom has been, is, and will be done slowly and inexorably. With each new little slight to our freedoms, everyone will think "Is this new minor loss of my freedoms worth going to war with my own government over?" Which, of course, for most people, the answer is simply "NO".

And then again our freedom takes yet another slash heading towards the death of 1,000 cuts.

 

[Southern Wolf]

Illegal S&S has been defined historically as S&S without probable cause... how is arresting someone for probable cause not probable cause enough to search their person? Cops have been searching people's bodies when given probable cause for DECADES... you wouldn't have a problem with them removing an arrestee's wallet or car keys, would you? What if the person has a list of names and numbers in their wallet, is the cop just supposed to turn their eyes away before they see "personal information"?

I'm honestly curious... how is checking out a cell phone different from checking pockets and checking a wallet for I.D., etc?

then how is checking out a laptop any different from checking out a wallet. Where does it end. They are both on the person?