sotoa

January 05, 2011 at 1:49pm

Go through my texts, my email, my calendar, my contacts? You kidding me? I keep my phone locked. Get a warrant, and then we'll talk.

richeemxx

January 05, 2011 at 1:03pm

This really has less to do with Ca and more to do with antiquated U.S. Supreme Court rulings. The California courts just extended two previous rulings that had to do with searching items and articles of clothing on suspects that were already under arest and upheld the rulings.

What we really need is to get rid of these old sitting judges and politicians that know absolutely nothing at all about technology and replace them with ppl that are in touch with the times.

Tenhawk

January 05, 2011 at 11:33am

Ok, yeah the concept seems scary on the surface... but look closer. They have the right to check your phone AFTER arresting you. Don't they have the right to pull junk out of your pockets and, say, leaf through a notebook you're carrying then?

This is kinda why drug dealers used to write in code, right? So cops wouldn't get jack when they were, inevitably, hauled in on one charge or another...

I would like to see some checks and balances involved, specifically floating around what they can do with the evidence in the phone if it's unrelated to the charge you're arrested on... particularly if the arresting charge is thrown out or otherwise found to be bogus. But other than that I don't see what the issue is...

It's a stupid law, sure... mostly cause anyone who has seriously compromising info on their phone will likely protect it... but most laws are stupid, pointless, and a waste of time anyway, so this certainly isn't special in that regard. The most it's going to do is cull the herd of the stupid criminals and leave the smarter ones on the streets... evolution in action, like most stupid laws.

ShyLinuxGuy

January 05, 2011 at 11:01am

California, and the West Coast states in general, play by their own rules, not the general law of the land (the rest of the United States and its Constitution).They think rules and laws don't apply to them, as it's legislators are comprised of pot-smoking, liberalized bankrupt real estate moguls looking for an easy job, sitting around, dreaming up unrealistic ideas to make into laws that Russia might not even have (think I've said that before, but it's true).

If the plaintiff who was involved in this situation decided to tattle on California and have the case elevated, I'm sure the Supreme Court would update its finding.

I do not agree with the actions of the individual who had his cell phone confiscated (consuming ecstasy) whatsoever (I believe in tougher drug laws), but this issue could grow into even innocent citizens having their phones confiscated, and maybe even their computers and other electronic devices, if law enforcement in California wishes to do so, at any given time for any reason. A modern cell phone can be considered a computer or information technology device if you really think about it, and so computer spying laws could technically cover instances like this.

jlh304

January 05, 2011 at 10:55am

I remember a news story about either crossing the  boarder or getting on an airplane.  Anyway they said then that police could look through your laptop.  The catch was if you password protected it you where under no obligation to give them the password (as that would require a court order).  Although I'm not sure what happens to your laptop if you say no.  But I guess you should password protect your phone like everything else.

jgrimoldy

January 05, 2011 at 10:40am

Okay, this is rather scary in principle, but what if your phone is password protected?  They can ask you for the password all they want... no need to give up the goods...

"Sorry, officer, with all of this stress, I can't remember the password..."

icebird

January 05, 2011 at 10:02am

Well they can search your pockets without a warrant.  This is not much different from finding a piece of paper in the suspect's pocket with damning evidence.  The line starts to blur though when you have a smartphone with internet access where they could easily peek into your email, facebook or other personal applications.

BlackBird71

January 05, 2011 at 8:59am

How is this legal your phone is your property its like searching my house without a warrant. I think we need some tech smart Judges in this country.