Posted on 04/30/2014 7:34:14 AM PDT by PoloSec
If they get to look through ours, we should get to look through theirs.
If the phone is password protected, doesn’t the right not to divulge that information fall under ‘remaining silent’?
They are invoking “officer safety”, as usual: “what if you are in a gang, AND you sent a text as you were getting pulled over saying you “are gonna need some help”, AND the USA has become the Mad Max world so your army of thugs might actually show up in the next two minutes, that’s why we need to search your phone RIGHT NOW”.
It’s a tax.
Let’s see if this so called “conservative” SCOTUS keeps hurling us down the road to totalitarianism.
It should, but it hasn’t worked for people bringing in their own laptops returning from a business trip out of the country.
I’ve read that they need a warrant to check a locked glove compartment, so I’ve been making it a practice to put my phone in there when I’m driving. Screw ‘em.
In a different time and era, I would have no problem with worrying about this, as I knew then that the US Supreme Court would follow the US Constitution, the same that I have taken and sworn a lifetime oath to.
Nowadays?
I worry. The Constitution hasn’t changed, but the quality of the men and women who are sworn to follow her has been greatly degraded and corrupted.
No matter, the outcome is in their hands. May they be truly judged for their decisions by an even Higher (non-temporal) Court!
What if that person makes a phone call and does it verbally? Should the person being detained be forced to divulge the message they sent verbally?
Treat it as a wallet unless it is password protected. Then it is equivalent to a home filing cabinet (secure in their persons and papers)
The police do not want to search the cell phone, they want to 1. plant data 2. erase any police misconduct evidence.
If they have the phone in their possession, they can petition for a warrant based on the grounds of the arrest.
After you record the police, text it to a trusted friend.
encryption and a password.
tools like dropbox will automatically copy photos and video from the phone to a computer. assuming the phone has network access.
Why is this rocket science:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Install the OpenWatch app. (openwatch.net)
It will stream audio and video instantly from your phone to a website for all the public to view. No cops deleting videos, it is LIVE, and will be recorded and stored on the website if needed in the future. Free.
Excellent insight. Well played sir! Yes, I believe it should be considered remaining silent.
I’ll be looking forward to the Wise Latina’s take on this.
She’ll probably go for it unless you have a Obamaphone because that would be Racist.
If you’re an NBA Owner, all bets are off.
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