by Mike Masnick
Tue, Jan 13th 2009 4:54pm
A year ago, we had a lively discussion around here concerning the legal question of whether or not police could search your mobile phone if you are stopped for a traffic violation. It seems that the question is far from settled. Declan McCullagh details two separate lawsuits in which judges came to opposite conclusions about the rights of police to search mobile phones or other devices on persons being arrested. It's clearly allowed to search through physical belongings -- but when it comes down to digital belongings, it's not at all clear. It comes down to the same issue being debated concerning laptop searches at the border. Traditional law concerning such searches assumes that what you have on you is stuff you purposely chose to bring on that trip. However, in a digital age, where your devices "keep everything" the opposite is true. You automatically bring everything and only exclude that which you purposely choose to leave out. Thus, the old laws don't really make much sense and could lead to some dangerous and highly questionable scenarios. Hopefully, the courts will recognize this before too long.
If you liked this post, you may also be interested in...
- Bill That Was Supposed To Limit Police Drone Activity Changed By Lobbyist To Enable Weaponized Drones
- Intel Officials' Claims That NSA Couldn't Access Majority Of Cellphone Records Apparently Bogus
- Maryland Court Says It Would Still Be Equating A Smartphone With A 'Crumpled Cigarette Pack' If Not For Riley Decision
- Peru's New Data Retention Law Gives Police Warrantless Access To Real-Time And Historical Mobile Phone Geolocation Data
- Summer Of The 4th Amendment: Appeals Court Says Mobile Phone Location Is Protected Under 4th Amendment