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  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:37pm

    Re: Re: Re: My Views

    It would depend on the circumstances of the crime (think of an embezzler, bookie, pedophile, etc. - there might be good reason to suspect evidence might be on something like you describe). However, as I said in an earlier post, the police would probably get a warrant, just to cover all bases. Since the person has just been arrested, neither he nor the memory card are going anywhere for a while so there's no good reason NOT to get one. The only thing this ruling does is says that they don't have to get one. Again, most cops will, just to head off any risk of having it thrown out through an appeal. Cops will very often Mirandize suspects, even when Miranda isn't necessary, just to play it safe.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:28pm

    Re: Re: Re: Re: My Views

    You really need to loosen the tinfoil hat...I think you got it a bit too tight.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:26pm

    Re: Re: Re:

    Cops lose cases every day, so Big Brother must be failing somewhere.

    You miss the salient fact that most cops have a job to do and do it everyday without any hit-lists from the government on who to go after. They have to deal with alcoholics, crack/meth-heads, thieves and the normal bad guys. In fact, they have to deal with them so much, they don't have time to sit around and dream up ways to stick to someone minding their own business.

    Are all cops good guys? No, they're human, just like everyone else and there are assholes wearing badges, just like there are assholes in every profession. But, the majority ARE good guys who aren't card-carrying members of the NWO.

    Are some of the laws on the books total shit? Absolutely. I'm with you on that, 100%.

    You seem to have the opinion that cops are evil guys, out to end freedom for all of us. Nothing could be further from the truth. If you could hear what cops say amongst themselves...you'd have a whole different opinion of them.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:16pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    There are exceptions to need to obtain a warrant:
    1. Consent - not applicable in this case.

    2. Probable Cause on a vehicle (Carroll Doctrine)- not applicable in this case.

    3. Exigent circumstances - again, not applicable in this case.

    4. Search incident to arrest - Bingo, this is the one that fits.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:10pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    I think what you're missing is that in the situation discussed in the article above is that THERE IS EVIDENCE OF WRONGDOING because the dude has been arrested.

    If you think that I'm saying that a cop and just walk up to you randomly and search your phone, then you've misunderstood me (and the article).

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:07pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    No, they don't. I get that you don't like it, but that changes nothing.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:06pm

    Re: Re: Re: Re: Re: Re:

    Also, some states have a "refusing to obey a lawful order" statute that, depending on circumstances and jurisdictional customs, might be applicable as well.

    Typically, however, since it would be a piddly charge and cause more paperwork than it's worth, they would simply apply for a warrant and let you piss the judge off by not complying. Of course, there are exceptions, depending on the circumstances.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 08:02pm

    Re: Re: Re: Re: Re: Re:

    "12.405. OBSTRUCTING OFFICER.

    It shall be unlawful for any person to obstruct, hinder and oppose a peace officer, or to attempt to do so,
    when such peace officer is engaged in making an arrest or in the discharge of his duty."

    http://www.townofcampobello.us/chaptertwelve.html

    Yeah, you also got to worry about city ordinances (laws) as well. ;)

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:59pm

    Re: Re: Re: Re: Re: Re:

    Illinois Compiled Statutes 720 ILCS 5 Criminal Code of 1961. Section 31-1: " (a) A person who knowingly ,resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor. "

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:37pm

    Re: Re: Re: Re: Re: Re:

    Yes, your car is different than your house: they need a warrant for your home but not for your car (It's called the Carroll Doctrine and it comes from Carroll v. US - http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=267&invol=132)

    Your phone is considered property, just the same as a wallet or organizer you had with you when you were arrested. If your phone was at home when you were arrested elsewhere, then they would need a warrant to obtain it and search it.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:27pm

    Re: My Views

    They can also search for evidence of a crime. You seriously think that the police are going to give you back a wallet with a joint tucked away in it?

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:26pm

    Re:

    Or not be a criminal. ;)

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:21pm

    Re: Re:

    "What's to stop the powers-that-be from arresting political dissidents or anybody else that they may not like, but are unable to gather enough evidence for a search warrant."

    That would be what the laws and courts are for.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:20pm

    Re: Re: Re: Re:

    Umm, because you're not being a witness against yourself. If a cop pulls you over and asks you to unlock the door and get out of the car so he can search it (say he has probable cause to conduct the search), you're not being forced to be a witness against yourself.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:17pm

    Re: Re: Re: Re:

    "The police will use this to arrest anyone they don't like without a second thought."

    Did you miss the part about the arrest coming before the search?

    How exactly does being able to conduct a search of personal property of an arrested person suddenly enable cops to arrest people they don't like?

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:12pm

    Re:

    Even someone speeding might have evidence of that on their phone. You guys tend to overlook the fact that most people (criminals especially) are nowhere near as bright as you are. There are idiots who might speed and record the experience laughing about how fast their going. People do REALLY stupid stuff sometimes.

    As a corollary of that, most cops are not the most tech savvy guys either. They probably couldn't find most stuff on your phone without someone walking them through it. I'm not saying they're stupid, just not as up to speed on technical stuff as most of the people on here.

    Having said all that, what most officers are taught to do is to (at most) give the phone a cursory look-over, looking for information that might be time sensitive (some phones will overwrite messages if the in-box is full and new messages arrive. If they suspect that evidence does exist on the phone, they'll get a warrant just to be safe. The guy's in custody, he's not going anywhere, there's time to get a warrant typed up and presented to a judge. The phone will still be there-with the possible exception of the previously mentioned items that might be time-sensitive.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:02pm

    Re:

    No.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 07:02pm

    Re: Re:

    No, you're making this more complicated than it really is. Having a "key" on you doesn't give them the right to search your house - you're not carrying your house with you, just the same way that having an ATM card in your wallet doesn't allow them to search your bank accounts.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 06:58pm

    Re: Re: Re: Encryption

    I didn't say to give the password, I said to unlock it. Either way, depending on the laws where you live, it could be obstruction.

  • On the post: Another Court Says It's Okay For Police To Search Your Mobile Phone Without A Warrant

    Joe ( profile ), 05 Jan, 2011 @ 03:49pm

    Re: Encryption

    They can and probably will ask you to unlock it (if they're doing their job and depending on what you're being arrested for). Failing to do so (depending on the jurisdiction and it's laws), you could be charged with obstruction. Or, the officers could go before a judge, obtain a warrant and your failure to unlock it then could result in a contempt of court charge. Regardless, if it's that important, the state labs usually can get through most password protected stuff like that.

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