SCOTUS let stand a ruling that police can Search Text Messages from an arrested suspect

[bobbyw24]

Text messages: The Supreme Court let stand a ruling that the police can search text messages from an arrested criminal suspect's cell phone without obtaining a warrant.

The justices refused to review the California Supreme Court ruling that upheld the search on the grounds that defendants lose their privacy rights for any items they are carrying when taken into custody.

The Supreme Court rejected without comment an appeal by Gregory Diaz, who was convicted on drug charges. His attorneys said Supreme Court intervention was needed to resolve differing lower court rulings on how to apply precedent to warrantless searches of cell phone data.

http://www.newsmax.com/Newsfront/Supreme-Court-Obama-gun/2011/10/03/id/413068

[Anti Federalist]

I guess cel phones are not "effects or papers".

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[Rael]

I guess cel phones are not "effects or papers".

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I believe it falls under "Search incident to arrest"

"In most cases, a search warrant is required to perform a lawful search. An long-recognized exception to this requirement is searches incident to a lawful arrest.[1] This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.[2]"

[LibertyRevolution]

Why would you leave incriminating messages on your phone???
Does your phone not have a setting to always delete all read and sent messages???

Professional criminals use a pay as you go phone bought by a crack addicts...
"It's not my phone, this guy gave it to me to use, look its not in my name."

[wrestlingwes_8]

I changed the settings on my phone so it will lock whenever it is shut off and restarted. Sooo if I ever get pulled over I just pop the battery out quick and then in order to access the phone when it's turned on again, a 4-digit code must be entered. "Gee officer I just can't seem to remember what the code is...there's only like 10,000 possible combinations though, I'm sure you can figure it out being the smart, educated man you are" :D

[oyarde]

Uh oh , I better figure out how to delete all the nasty stuff my ex wife sent me about three years ago :)

[Anti Federalist]

Why would you leave incriminating messages on your phone???
Does your phone not have a setting to always delete all read and sent messages???

Professional criminals use a pay as you go phone bought by a crack addicts...
"It's not my phone, this guy gave it to me to use, look its not in my name."

Nothing is deleted, ever.

Even if you smash your phone and destroy it with fire, that message is already recorded and stored in the "cloud".

If you have something to say, that you are not perfectly comfortable with every cop and government in the fucking world agent seeing and reading, never, ever, EVER say, record or take pictures of it with a wireless device.

[muzzled dogg]

I changed the settings on my phone so it will lock whenever it is shut off and restarted. Sooo if I ever get pulled over I just pop the battery out quick and then in order to access the phone when it's turned on again, a 4-digit code must be entered. "Gee officer I just can't seem to remember what the code is...there's only like 10,000 possible combinations though, I'm sure you can figure it out being the smart, educated man you are" :D


Why would you do this?

You should be recording the cops if u ever get pulled over

[LibertyRevolution]

Nothing is deleted, ever.

Even if you smash your phone and destroy it with fire, that message is already recorded and stored in the "cloud".

If you have something to say, that you are not perfectly comfortable with every cop and government in the fucking world agent seeing and reading, never, ever, EVER say, record or take pictures of it with a wireless device.

They need a court order to get a copy of your texts and voicemails from your provider....
They don't need one to get your texts directly off your phone.

Like I said, only a dumb criminal would use a phone in his own name for illegal things..

[american.swan]

Yep, the "cloud". You won't find me using any "cloud" service. And what encryption did wikileaks report was readable? I was talking to the former CEO of hushmail.com on twitter. He implied "they" could hack into your webcam, good thing laptops all come with little webcams these days....enjoy your fictitious privacy.

[Sola_Fide]

Well I feel safer. I don't know about the rest of you guys.

[LibForestPaul]

Not sure if anyone here would know; if I were arrested for say drunk driving, and had some mail in my car, could or have the police open my mail?

[ZanZibar]

http://www.youtube.com/watch?v=0SkdBAO-Ioc

http://www.youtube.com/watch?v=LdJA-WPnuIU

http://www.youtube.com/watch?v=rgxMgIyGDUU

[dannno]

Even if you smash your phone and destroy it with fire, that message is already recorded and stored in the "cloud".



Ironically, after one of my friends was arrested, the police smashed his phone, apparently because they didn't find any incriminating evidence.

Not only did they smash the phone, they took the protective case off first, THEN smashed the phone.. then gave it back to him with the protective case on.

[oyarde]

Ironically, after one of my friends was arrested, the police smashed his phone, apparently because they didn't find any incriminating evidence.

Not only did they smash the phone, they took the protective case off first, THEN smashed the phone.. then gave it back to him with the protective case on. That is despicable .

[kylejack]

I changed the settings on my phone so it will lock whenever it is shut off and restarted. Sooo if I ever get pulled over I just pop the battery out quick and then in order to access the phone when it's turned on again, a 4-digit code must be entered. "Gee officer I just can't seem to remember what the code is...there's only like 10,000 possible combinations though, I'm sure you can figure it out being the smart, educated man you are" :D
Me too, but be careful with that. Police have tools that they can hook up to pull all the data on the phone, and there's no easy way to encrypt all data on iPhones and Android phones yet. I would destroy the data port on my phone and just use wifi for file transfers, but unfortunately the data port is also the charge port. I'm still considering my options.