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View Full Version : Calif. Governor Veto Allows Warrantless Cellphone Searches




aGameOfThrones
10-10-2011, 04:53 PM
http://www.wired.com/threatlevel/2011/10/warrantless-phone-searches/



The Sunday veto means that when police arrest anybody in the Golden State, they may search that person’s mobile phone — which in the digital age likely means the contents of persons’ e-mail, call records, text messages, photos, banking activity, cloud-storage services, and even where the phone has traveled.


California Gov. Jerry Brown is vetoing legislation requiring police to obtain a court warrant to search the mobile phones of suspects at the time of any arrest.


Brown’s veto message abdicated responsibility for protecting the rights of Californians and ignored calls from civil liberties groups and this publication to sign the bill — saying only that the issue is too complicated for him to make a decision about. He cites a recent California Supreme Court decision upholding the warrantless searches of people incident to an arrest. In his brief message, he also doesn’t say whether it’s a good idea or not.


Brown’s veto also shores up support with police unions and the Peace Officers Research Association of California, a police union that opposed the legislation and recently donated $38,900 to Brown’s campaign coffers. “Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law, fight crime, discover evidence valuable to an investigation and protect the citizens of California,” the association said in a message.

Brian4Liberty
10-10-2011, 05:04 PM
No doubt it's some kind of payback. On the other hand, this is a 4th Amendment Issue, and Governor Moonbeam should have no say in the matter.


Amendment IV

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.

jack555
10-10-2011, 05:51 PM
No doubt it's some kind of payback. On the other hand, this is a 4th Amendment Issue, and Governor Moonbeam should have no say in the matter.. Doesn't the 4th amendment only apply to the federal government, not the states?

aGameOfThrones
10-10-2011, 06:25 PM
. Doesn't the 4th amendment only apply to the federal government, not the states?

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SEC. 13. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seized.

Brian4Liberty
10-10-2011, 06:29 PM
. Doesn't the 4th amendment only apply to the federal government, not the states?

No, it applies to all government within the US. Otherwise, many States would have completely and totally eliminated the Bill of Rights by now.

libertybrewcity
10-10-2011, 06:37 PM
Oh look at you California. You just love f'ing yourself up.

Becker
10-10-2011, 07:32 PM
does the police need a warrant to search your wallet if you're arrested?

how is a cellphone any different?

Brian4Liberty
10-10-2011, 07:55 PM
does the police need a warrant to search your wallet if you're arrested?

how is a cellphone any different?

Password protection...

Anti Federalist
10-10-2011, 08:03 PM
does the police need a warrant to search your wallet if you're arrested?

how is a cellphone any different?

A cel phone links to many other databases outside the physical phone itself.

Cops will now have access to all of that, including a detailed log of where you have been.

Think anybody might be tempted to finally throw away that electronic dog collar?

Dianne
10-10-2011, 08:15 PM
To me it proves, that liberals have no fricken clue; it is their party doing the dirty work. We thought bush was bad? Well Move On.org and their cronies, got Obama in... and man oh man... We thought the GOP was bad? The DNC is the GOP on steroids.