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15.12.2013
California governor Jerry Brown has vetoed a bill that would have prevented police officers from searching your cell phone without a warrant.
California governor Jerry Brown has vetoed a bill that would have prevented police officers from searching your cell phone without a warrant, Wired reports.
In other words, California police remain free to search and record info on your cell phones, tablets, and other mobile devices at the time of arrest. The governor's veto puts the bill in question, SB 914, back to the vote of the state legislature. Leno's bill was intended to override a California Supreme Court decision from January 2011, which granted police officers the right to search cell phones without a warrant. And as this is all taking place, companies from Apple to Microsoft to AT&T are also pursuing patents over technologies like "call transcription" and blatant wiretapping. The court said on a 9-0 vote in an opinion written by Chief Justice John Roberts that the right of police to search an arrested suspect at the scene without a warrant does not extend in most circumstances to data held on a cellphone. The ruling is a blow to law enforcement agencies that would prefer more latitude to search without having to obtain a warrant.
The Court maintained that, just as it is unlawful to search someone’s dresser or safe deposit box without a warrant, it should be illegal to search a cellphone, which contains personal information, without a warrant. April 28, 2014 by NCC Staff Share:EmailCan the police really grab your cellphone, search it and use it without a warrant if you’re arrested?
Under prior court rulings and precedent, police can conduct a search and confiscate property at the time of arrest under limited certain circumstances. Both cases examine the power of the police, acting without a search warrant in certain circumstances, to look at information stored on a cellphone taken from a suspect at the time of an arrest. In 2009, David Leon Riley was convicted of shooting at an occupied car, attempted murder, and assault with a semi-automatic weapon.  He wasn’t arrested at the time of the shooting, but when he was later stopped for driving with expired license plates, police took the smartphone he had, and twice looked its contents, without a warrant.
The phone’s contents led to evidence identifying Riley as an alleged gang member, and information from the phone, including images and video, was used to convict him.


The Court, however, will only rule on the narrow question of whether evidence taken from the smartphone could be used at Riley’s trial. The state’s attorneys also cited a Fourth Amendment exception known as a search-incident-to-arrest exception. Wurie was convicted on felony charges and his lawyers had sought to block the use of the evidence taken from his cellphone, but initially failed.
The cases are being closely watched by legal observers because they will present the Justices with the challenge of relying on past Court privacy decisions, or setting a new course based on the current (and future) technology involved with communications devices.
Joshua Block from the ACLU and Matthew Sharp from the Alliance Defending Freedom join our Jeffrey Rosen to take a closer look at the debate over regulating bathroom use for transgender Americans.
The National Constitution Center in Philadelphia inspires active citizenship as the only place where people across America and around the world can come together to learn about, debate, and celebrate the greatest vision of human freedom in history, the U.S. The bill was authored by Senator Mark Leno and simply states: "SB 914 would have protected against the warrantless search of personal and private information contained on an arrestee's cell phone. The court's decision was led by Justice Ming Chin, who relied on decisions from the 1970s that allowed searches of cigarette packages and clothing seized during an arrest, but without a warrant. Sprint in 2009 legally provided police officers with customer data "more than 8 million times," Wired said in another report. Supreme Court ruled today that police departments have to get a warrant in most cases before searching the cellphones of criminal suspects.
Supreme Court on Wednesday ruled that police officers usually need a warrant before they can search an arrested suspect’s cellphone. There are some emergency situations in which a warrantless search would be permitted, the court noted.
Should suspected criminals be able to keep their private information secure, or does the Court’s decision hamper law enforcement officials from keeping us safe? Two cases in front of the Supreme Court on Tuesday seek to answer those questions, but it all may depend on what kind of phone you have.


For example, police can do a search with your consent, if a threat is imminent against them, or if they feel evidence is in danger of being destroyed.
The two cases in front of the Justices on Tuesday involve two different types of phones, seized by police under different conditions. They used the information to find the house, and gather more evidence after getting a warrant, and later said they limited their search on the flip phone to those two items. Court of Appeals for the First Circuit struck down two counts of his conviction and said it believed warrantless searches of cellphones are categorically unreasonable under the Fourth Amendment, and they didn’t fall under the search-incident-to-arrest exception.
The ruling was a 9-0 decision and held that the Fourth Amendment protects the privacy of criminal suspects’ cellphones, even after they have been arrested.
Without the bill, police can go through your text messages, perhaps highlight messages that allude to, say, marijuana, and press drug charges as well. Antoine Jones—in order to decide whether or not police officers should be allowed to use cell phone trackers without a warrant. Currently police officers can freely use data extraction devices (DED) like Stingray, KingFish, and TriggerFish, to track a person's whereabouts through their cell phones. In April, civil liberty groups like the American Civil Liberties Union (ACLU) hounded the Michigan police department for more information surrounding its possession of DEDs, manufactured by CelleBrite, which can quickly extract cell phone data. CelleBrite DEDs were originally intended for carriers to quickly transfer data to a new phone when you upgrade.



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