Skip to comments.Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops
Posted on 10/07/2011 12:22:10 PM PDT by Immerito
In a case explicitly decided to set a precedent, the California Appellate court has determined police officers can rifle through your cellphone during a traffic violation stop.
This is not the first time such a law has been under scrutiny. In April, the Blaze told you about the extraction devices police were using in Michigan to download the entire contents of your phone.
Florida and Georgia are among the states that give no protection to a phone during a search after a violation has been committed. In particular, Florida law treats a smartphone as a container for the purposes of a search, similar to say a cardboard box open on the passenger seat, despite the thousands of personal emails, contacts, and photos a phone can carry stretching back years.
But after initially striking down cell phone snooping, California has now joined the list of states that allow cops to go through your phone without a warrant if they decide to impound your car.
(Excerpt) Read more at theblaze.com ...
Well, my phone is password protected. That doesn’t guarantee anything, but still...
I’m also wondering if they are allowed to access password protected info (that would be anything on my phone) without a search warrant.
—similar to say a cardboard box open on the passenger seat—
What about a closed cardboard box? Again, making reference to a password protected phone.
They’ll use the “nightstick password extraction” technique.
Sir, would you please enter your un-lock code?
Sorry officer, I can't remember the code.
Me too. It’s not even a close issue. You have to be seriously statist to think you can take that info from people. If we don’t get control of our system soon, it will be too far gone to fix.
This so violates the Fourth Amendment, it’s not even funny.
What is the law in this regard if I have an old-fashioned DayPlanner notebook? Can the cops open and flip thru that? Seems to me the phone would be the same.
pot dispenseries everywhere, but they can search your phone.
Did you know at certain gay festivals in SanFran men are OPENLY fellating each other in public —also pee’ing on one another— WITH THE COPS LOOKING ON...?
And they do not get arrested or even cited....!
But: the cops can search your phone —for no reason.
AND: In SanFran there was a triple murder by an illegal alien MS-13 guy whom SF could not deport cuz it’s a SANCTUARY CITY...!
Sir, I pulled you over because your taillight is out [SMASH].
Now hand over your phone.
More: in SF if an illegal alien is pulled over & found to have no driver’s license he gets SPECIAL TREATMENT: he’s automatically entitled to a call to a family member or friend, and that person has 45 minutes to drive to the scene and DRIVE THE CAR AWAY.
You? You don’t get that:
Your car is towed, and in SanFran the minimum charge is over $500. If you car stays overnight that’s $60 per night.
Illegals need not pay any of this.
You can also backup your phone periodically, and become familiar with its data-wipe procedures.
I wonder if this creates a market for phones with an instant-memory-and-call/text-log wipe button.
My iPhone will delete its contents if I enter the wrong code 10 times.
I know why they want this; it’s not just fishing for pervvy photos of u with your girl —it’s also cuz they want to make sure that b4 approaching the car you didn’t call a buddy and let him listen to (and later attest to) what the cop audibly said to you DURING THE STOP.
They’d check the exact time and duration of the last telephone call made, and this way they’d know how much to deny.
With Tyrone or Ahmed they might have legitimate reasons, but even for regular folks whom they beat up or asked for dates they’d want to make sure whassup, yup.
after it was turned on, displayed a photograph of a mask-wearing man holding two AR-15 rifles akimbo.
Notice how they pick a thoroughly disgusting individual for this president setting case.
What they do after that is anybody's guess, but at a traffic stop they can't publicly physically assault you.
ever tried it? you have to wait progressively longer with each error. in the time it takes to enter the wrong code ten times, the cop can have a warrant there.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.