Skip to comments.Supreme Court bans warrantless cell phone searches, updates privacy laws (for 21st century)
Posted on 06/25/2014 7:59:26 AM PDT by Red Badger
The Supreme Court ruled Wednesday that police cannot go snooping through peoples cell phones without a warrant, in a unanimous decision that amounts to a major statement in favor of privacy rights.
Police agencies had argued that searching through the data on cell phones was no different than asking someone to turn out his pockets, but the justices rejected that, saying a cell phone is more fundamental.
The ruling amounts to a 21st century update to legal understanding of privacy rights.
The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought, Chief Justice John G. Roberts Jr. wrote for the unanimous court.
Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple get a warrant.
Justices even said police cannot check a cellphones call log, saying even those contain more information that just phone numbers, and so perusing them is a violation of privacy that can only be justified with a warrant.
(Excerpt) Read more at washingtontimes.com ...
Unanimous decision! Wow! I am impressed! I figured that at least a few would go the East German route.
Wow, the ruling is really broad! They even banned police from glancing at the list of recent calls. Basically they can’t touch your phone without a search warrant. The big nanny statists aren’t happy today....
But the NSA can do whatever they want...
Hard to believe!
I suspect that emperor Hussein and the inner circle of his regime are saying "SCOTUS decided that, now let THEM enforce it - it will be business as usual in the Socialist States of Amerika".
This is funny. Now WHO is going to enforce this “law”? Eric Holder??
They have cell phones as well...................
Yes, is this still the case as in wire tapping.... Yes they cannot use what they find in your phone, without a search warrant in court against you, but they can still look through it if they want? As in current wire tap laws, doesn’t stop them from listening, just using it in court.
NSA comes to mind..
This is a case where there is no active enforcement procedure. They cannot use any evidence in court that is procured thru the search of a cell phone without a warrant.................
Amen to that and all of the other remaining intelligence agencies...they’ll just hide behind this curtain “The court did carve out exceptions for exigencies that arise, such as major security threats.”
Does mean leo has to turn over their STINGRAY equipment?
Change starts with a single act....so maybe the tide has begun with the Supremes.
I have a hard time understanding legal jargon.
Does anyone know if this means that they can’t confiscate your cell phone during a traffic stop or other stop? Just wondering if it doesn’t mean much if they can take it anyway and then wait to search until they have a warrant.
In other words, will be have time to smash the phone and destroy it, much like the IRS, before they can use it against us?
A famous quote from another genocidal Democrat (Andrew Jackson)
Essentially you are correct. They must wait for a warrant. They cannot even look at the call log. To obtain a warrant, they must prove to a judge that one is necessary for them to see what’s on the phone in order to prosecute the crime that is at hand, not just snoop to see what they can find...................
A supreme court ruling carries exactly how much weight under the obama regime?
A pen, a phone, a threat, a drone. All in your future if you dare go against the wishes of the obama regime.