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Obama administration asks
Supreme Court to allow
warrantless cellphone searches

Washington Post, by Timothy B. Lee

Original Article

Posted By:Desert Fox, 8/19/2013 8:25:11 PM

If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches. In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs,

      


Post Reply  

Reply 1 - Posted by: ruready?, 8/19/2013 8:31:23 PM     (No. 9481733)

Keep it up and you are going to be answering to the state conventions and the Liberty Amendments.

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Reply 2 - Posted by: Shmowry1, 8/19/2013 8:43:51 PM     (No. 9481747)

Liberty came in like a lion, and went out like a lamb. Never have so many intrusions upon our liberties been shrugged off or enabled by those who not only benefit from them but but are meant to exist to protect them. Shame on them. Shame on us.

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Reply 3 - Posted by: KTWO, 8/19/2013 9:13:49 PM     (No. 9481775)

At least two types of information involved. That which the phone company knows and data the phone company does not know.

You won´t have privacy about what the phone company knows. It will cooperate with the government. You probably will never know.

What about the other data? Such as the names, numbers, and addresses of contacts, friends, and family. This is data the phone company doesn´t know, It is stored only in your phone (you hope).

To me examining the phone itself should require a warrant. OTOH Roberts will probably call it a tax rather than a search and allow it.



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Reply 4 - Posted by: MDConservative, 8/19/2013 9:28:02 PM     (No. 9481793)

Drip...drip...drip...

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Reply 5 - Posted by: nimby, 8/19/2013 9:39:34 PM     (No. 9481810)

Hey Roberts! WH calling on you!

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Reply 6 - Posted by: get er done, 8/19/2013 9:55:08 PM     (No. 9481823)

Re #4´s "Drip, drip, drip." 0´s ceaseless unconstitutional conduct is rapidly becoming more like the "drip" of Niagara Falls.

A person simply should refuse to turn over a cell phone without a search warrant. If the police forcibly remove the phone, then the person has grounds to press civil and/or criminal charges.

Cheeky monkeys.

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Reply 7 - Posted by: usingthebean, 8/19/2013 10:47:20 PM     (No. 9481859)

How about "we the people" ask the Supremes for a warrantless search of the Obama administration! Names, numbers, socials, spouses,know affiliates, unkown affiliates, sexual preferences, real birth certificates.....

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Reply 8 - Posted by: halfnorsk, 8/19/2013 11:16:34 PM     (No. 9481882)

Just keep the White House phone number on your phone. Then you can claim executive privilege when the cops demand the phone.

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Reply 9 - Posted by: TunnelRat, 8/19/2013 11:42:13 PM     (No. 9481911)

So, how´s that War on Drugs thingy working out for you...?

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Reply 10 - Posted by: Grady, 8/19/2013 11:49:14 PM     (No. 9481915)

He´s already doing it.
The Asking the supreme court is just to appease the under class. Obama works around every "obstacle" of the Constitution.

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Reply 11 - Posted by: Charactercounts, 8/20/2013 3:11:46 AM     (No. 9481996)

#3, it´s not stored only in your phone. When I replaced a phone last year, the nice tech guy offered to download all my contacts. I thought he would transfer them from my old phone, but he said no, they had my contacts stored and would download them to my phone directly.

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Reply 12 - Posted by: Bohallx, 8/20/2013 3:53:51 AM     (No. 9482007)

#11, #3 ~ That´s the service you sign up for ~ at the same time you can copy over those things to memory devices on your physical cell phone.

Remember, in an earlier more innocent age when the worst thing you had to face with your phone company was a mistake on a phone bill, laws were passed REGULATING the phone companies so they couldn´t do that to you so easily.

Guess the thought was Ma Bell was very untrustworthy ~ the very image of Capitalistic Monopolies denounced by the Commies.

Then there were the taxes applicable to this luxury device!!!!!! Gub´mnt needed to know and control lots and lots of stuff to make sure every dollar due on a phone pole was charged, collected and accounted for.

All of that old time consumer and taxing authority laws and regulations is still in place.

Today we have other phone company concerns. Technology allows powerful computers to cross tabulate all that billing and consumer protection information and come up with relationship links.

That cat is out of the bag and whining about what you signed away when you contracted for the service won´t put it back. What needs to be done is to ELIMINATE the old fashioned regulated data generation requirements ~ let that phone company cheat you a little ~ to allow you to get back your ´privacy´ ~ presuming you need it. There´ll be a price for it ~ like the service not published in the directories. You´ll pay for what´s not done as well as for what is done.

As usual.

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