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Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops
The Blaze ^ | October 4, 2011 | Buck Sexton

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 ...


TOPICS: Miscellaneous
KEYWORDS: california; donutwatch; fourthamendment

1 posted on 10/07/2011 12:22:21 PM PDT by Immerito
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To: Immerito

Speechless


2 posted on 10/07/2011 12:35:08 PM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Immerito

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.


3 posted on 10/07/2011 12:39:32 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Immerito

—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.


4 posted on 10/07/2011 12:40:53 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: cuban leaf

They’ll use the “nightstick password extraction” technique.


5 posted on 10/07/2011 12:41:29 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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By default, you should have your phone on auto-lock (after set amount of time). Those "smart phones" carry a LOT of information about you.

Sir, would you please enter your un-lock code?
Sorry officer, I can't remember the code.

6 posted on 10/07/2011 12:42:19 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: rarestia

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.


7 posted on 10/07/2011 12:42:44 PM PDT by Defiant (Calling all citizens from all over the world, this is Captain America calling.)
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To: Immerito

This so violates the Fourth Amendment, it’s not even funny.


8 posted on 10/07/2011 12:43:32 PM PDT by dfwgator
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To: Immerito

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.


9 posted on 10/07/2011 12:43:49 PM PDT by Paine in the Neck (Where's he getting these ideas? He's not smart enough to be that stupid all by himself.)
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To: Immerito

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...!

WOW!


10 posted on 10/07/2011 12:47:57 PM PDT by gaijin
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To: Immerito

Sir, I pulled you over because your taillight is out [SMASH].
Now hand over your phone.


11 posted on 10/07/2011 12:51:25 PM PDT by DManA
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To: Immerito

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.


12 posted on 10/07/2011 12:52:14 PM PDT by gaijin
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To: Michael Barnes

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.


13 posted on 10/07/2011 12:52:58 PM PDT by ConservativeWarrior (Fall down 7 times. Stand up 8. - Japanese Proverb)
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To: Immerito

My iPhone will delete its contents if I enter the wrong code 10 times.


14 posted on 10/07/2011 12:55:46 PM PDT by freedomlover (Make sure you're in love - before you move in the heavy stuff)
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To: Immerito

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.


15 posted on 10/07/2011 12:57:20 PM PDT by gaijin
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To: Immerito
I have to say my sentiment shifted after this point:

after it was turned on, displayed a photograph of a mask-wearing man holding two AR-15 rifles akimbo.”

16 posted on 10/07/2011 1:00:48 PM PDT by DManA
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To: Immerito

Notice how they pick a thoroughly disgusting individual for this president setting case.


17 posted on 10/07/2011 1:02:21 PM PDT by DManA
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To: cuban leaf
They can't force you to reveal your password. You can claim your 5th amendment protection against self-incrimination and refuse.

What they do after that is anybody's guess, but at a traffic stop they can't publicly physically assault you.

-PJ

18 posted on 10/07/2011 1:04:35 PM PDT by Political Junkie Too (Everyone's Irish on St. Patrick's Day, Mexican on Cinco de Mayo, and American on Election Day.)
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19 posted on 10/07/2011 1:19:40 PM PDT by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: freedomlover

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.


20 posted on 10/07/2011 1:26:49 PM PDT by absolootezer0 (2x divorced tattooed pierced harley hatin meghan mccain luvin' REAL beer drinkin' smoker ..what?)
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To: Immerito

I got an answer for this, well kinda.

Carry TWO phones, one a junk (maybe even inoperable) unit, leave it on your passenger car seat while you’re headed down the highway.

You see the flashing blue lights of Officer Not-So-Friendly?

Slip your working phone into password protect mode, slide it into your pocket, if questioned about it say “that’s my girlfriend’s phone, can you get into it? I think she’s been cattin’ around on me, I’ve already tried to get into it, but she’s got it password protected”.

Oh, that phone on the passenger seat? That’s mine, you wanna look at it?

FUOTSF!!


21 posted on 10/07/2011 1:27:59 PM PDT by mkjessup (If you're not part of the solution to getting rid of 0bama, you're part of the problem.)
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To: mkjessup

Argh, “FUOTSF” = “FUONSF”


22 posted on 10/07/2011 1:35:52 PM PDT by mkjessup (If you're not part of the solution to getting rid of 0bama, you're part of the problem.)
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To: gaijin
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.

Wear this Night Owl item ($49). Also records audio.


23 posted on 10/07/2011 1:52:17 PM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: cuban leaf

I retired 10 years ago, but in the 23 years I was in LE, a locked container was protected from search without a warrant. We could “inventory” the vehicle contents when it was impounded, but only things that were in plain sight. This ruling confounds all logic.


24 posted on 10/07/2011 1:53:25 PM PDT by cbvanb
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To: Immerito

The gestopo will be mighty bored with the contents of my cell phone.

Americans are going to learn, sooner or later, that techonology is not without brainless consequence. It would be better for the public to learn that the internet, twitter and facebook is not their best friend and first love in life. It is a tool; not a lover.


25 posted on 10/07/2011 2:43:04 PM PDT by SaraJohnson
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To: gaijin
Sure I do.

Need Spanish lessons?

Lo siento mucho, cabron, pero no entiendo nada en Ingles. No tengo licensia, o seguro. Pe puedes llevar a casa?

26 posted on 10/07/2011 3:39:49 PM PDT by Publius6961 (My world was lovely, until it was taken over by parasites.)
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To: absolootezer0

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.


Didnt know that


27 posted on 10/07/2011 3:45:57 PM PDT by freedomlover (Make sure you're in love - before you move in the heavy stuff)
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To: Oatka
That camera pen?

Maybe not.

28 posted on 10/07/2011 3:48:33 PM PDT by Publius6961 (My world was lovely, until it was taken over by parasites.)
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To: cuban leaf
Well, my phone is password protected.

Password Protected can mean a few different things.

If the phone just has a password screen lock, then it doesn't matter. The police are exporting the data from the cell phone and can examine it at their leisure.

On the other hand, if all of the data on the cell phone is encrypted, and the password allows it to be un-encrypted, then your information is much, much safer from viewing.

I know that the Android 3 operating system allows you to encrypt your data and password protect it, but I've never used the feature. I do know that there is general distrust of encryption capabilities that are built-in with big-name operating systems. Many people are suspicious that the operating system vendor has built in back-doors and will provide access to those back-doors to the government if asked. I don't know if anyone yet makes a 3rd party encryption solution for IOS or Android phones.

29 posted on 10/07/2011 5:31:45 PM PDT by Washi
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To: cbvanb
locked container was protected from search without a warrant. We could “inventory” the vehicle contents when it was impounded, but only things that were in plain sight. This ruling confounds all logic.

Right. This overturns Terry v US whether they realize it or not.

30 posted on 10/07/2011 6:41:27 PM PDT by backwoods-engineer (Any politician who holds that the state accords rights is an oathbreaker and an "enemy... domestic.")
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To: Washi; cbvanb

—If the phone just has a password screen lock, then it doesn’t matter. The police are exporting the data from the cell phone and can examine it at their leisure. —

I was thinking of it more in a legal sense as mentioned in post 24 (referenced to a locked container) as opposed to a literal sense. I’m thinking of it as being a locked box with a very cheap lock on it. Can the police legally break or pick the lock to examine the contents?


31 posted on 10/08/2011 7:29:22 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Publius6961
Maybe not.

An initially interesting item, still available HERE. Their reviewers didn't savage the item as badly as at COSTCO. That bunch really had bad luck and if it was as bad as they stated, you wonder COSTCO wouldn't have filtered it out beforehand.

One that worked right and was reasonable would come in handy.

32 posted on 10/08/2011 7:53:36 AM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: cuban leaf

In all my training and experience a locked container can not be opened without a warrant. If it was a small or portable container the courts have previously ruled that the entire container can be impounded until a warrant is obtained, but it cannot be opened. A lock is a clear indication that the owner is preserving his right to privacy and has a reasonable expectation thereof. In my opinion this is a major shift in erosion of privacy rights and the courts know exactly what they are doing here. If it gets past the USSC we’re screwed.


33 posted on 10/08/2011 8:18:56 AM PDT by cbvanb
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To: cuban leaf
I was thinking of it more in a legal sense...

Ah. Got it.

You would hope that if the law uses the analogy of the "container" in the first place, then a screen-locked cell phone would be equivalent to a closed/locked container (which the police, supposedly, are not allowed to open).

34 posted on 10/08/2011 10:23:56 AM PDT by Washi
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