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California a-okays warrantless cell phone searches

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  • #16
    I agree, the title made it sound like a general approval for warrantless tapping of cell phones. Which would be genuinely outrageous. This? I don't know where the law stands on searching your pockets and crud after you're arrested. I could see either side of this, even if the only information obtained in this case was some lame pot deal.
    1011 1100
    Pyrebound--a free online serial fantasy novel

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    • #17
      Americans. For shame.
      "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
      Ben Kenobi: "That means I'm doing something right. "

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      • #18
        BTW, what's the functional difference between tapping a conversation and reviewing a transcript of one stored on a phone?

        Also, they need a warrant to get the text messaging history of a person, even AFTER they're arrested, if they go through the wireless carrier. Why is it any different if it's stored on his phone as well?

        Am I the only one here with a clear mind?
        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
        Ben Kenobi: "That means I'm doing something right. "

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        • #19
          He should've set up password protection on his phone.
          Graffiti in a public toilet
          Do not require skill or wit
          Among the **** we all are poets
          Among the poets we are ****.

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          • #20
            Has Asher noticed that this is just California, which everyone already knows is a festering rat hole?

            That said, they searched his cell phone when he was arrested, it's not like they searched his phone and THEN arrested him. He's already under suspicion for something. They still can't just search the phone of any arbitrary person.
            If there is no sound in space, how come you can hear the lasers?
            ){ :|:& };:

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            • #21
              Why doesn't Asher ever complain about public surveillance in London?
              If there is no sound in space, how come you can hear the lasers?
              ){ :|:& };:

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              • #22
                I already said that (the post #20 thing).
                “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                - John 13:34-35 (NRSV)

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                • #23
                  Being arrested doesn't cause you rights to end.
                  "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                  Ben Kenobi: "That means I'm doing something right. "

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                  • #24
                    Originally posted by Hauldren Collider View Post
                    Why doesn't Asher ever complain about public surveillance in London?
                    Why would I need to complain about something so obvious that's been around forever?

                    I routinely complain about how awful the UK is. Their nannystate Big Brother tendencies are equally awful. I've also complained about the public surveillance they started in downtown Toronto a few years back also.
                    "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                    Ben Kenobi: "That means I'm doing something right. "

                    Comment


                    • #25
                      Originally posted by Asher View Post
                      Being arrested doesn't cause you rights to end.
                      No, it doesn't, but restricting the search until after people are arrested (WHICH REQUIRES A WARRANT) means that they can't just harass people for being political enemies.

                      EDIT: Also, I suspect the choice was either discard the case and let the criminal go free or allow something that at worst only technically infringed his rights.
                      If there is no sound in space, how come you can hear the lasers?
                      ){ :|:& };:

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                      • #26
                        Originally posted by Asher View Post
                        BTW, what's the functional difference between tapping a conversation and reviewing a transcript of one stored on a phone?

                        Also, they need a warrant to get the text messaging history of a person, even AFTER they're arrested, if they go through the wireless carrier. Why is it any different if it's stored on his phone as well?

                        Am I the only one here with a clear mind?
                        :shrug: What if he, for whatever reason, has a printed transcript of the conversation in his pocket? Is the plastic surface of a cell phone some kind of holy barrier the cops can't cross, like medieval church sanctuaries? I mean, I'm uncomfortable with the idea on a gut level, but I can't think of a real, compelling reason why that discomfort should be translated into law.
                        1011 1100
                        Pyrebound--a free online serial fantasy novel

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                        • #27
                          Originally posted by Hauldren Collider View Post
                          No, it doesn't, but restricting the search until after people are arrested (WHICH REQUIRES A WARRANT) means that they can't just harass people for being political enemies.

                          EDIT: Also, I suspect the choice was either discard the case and let the criminal go free or allow something that at worst only technically infringed his rights.
                          California has set a precedent that allows the police to search your phone without a warrant. With smartphones, do you not realize the implications there?

                          On my phone, I've got call logs, text messages, emails, web history, etc. All of that becomes fair game, sans warrant.

                          That really should bother you.

                          Let's say I get arrested for punching a retarded Canucks fan. They then search my phone, which was on my person, and see that I've been operating a harem through my text messages and emails on my phone. This is now perfectly possible in California, is it not?
                          "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                          Ben Kenobi: "That means I'm doing something right. "

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                          • #28
                            Wow, that is troubling. You shouldn't be doing intensely personal stuff like that on something that could easily fall out of your pocket in the subway, Asher. Let alone be searched by the police. Then again, I don't have a cell phone.
                            1011 1100
                            Pyrebound--a free online serial fantasy novel

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                            • #29
                              How could it fall out of my jeans pocket?

                              In the event it's lost/stolen, I can immediately trigger a remote wipe anyway.
                              "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                              Ben Kenobi: "That means I'm doing something right. "

                              Comment


                              • #30
                                Originally posted by Asher View Post
                                California has set a precedent that allows the police to search your phone without a warrant. With smartphones, do you not realize the implications there?

                                On my phone, I've got call logs, text messages, emails, web history, etc. All of that becomes fair game, sans warrant.

                                That really should bother you.

                                Let's say I get arrested for punching a retarded Canucks fan. They then search my phone, which was on my person, and see that I've been operating a harem through my text messages and emails on my phone. This is now perfectly possible in California, is it not?
                                1. Why would they search your phone for punching a hockey fan?
                                2. Any incriminating evidence discovered from the phone would not be valid as evidence to prosecute a different crime.
                                If there is no sound in space, how come you can hear the lasers?
                                ){ :|:& };:

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