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Supreme Court Takes Up Police Power to Search Cell Phones Tuesday April 29, 2014

The Supreme Court on Tuesday will take up a hot-button issue of privacy in the digital age: Can police, without a warrant, rummage through the cell phones of people they arrest?

It's an important case, given that more than 90 percent of American adults now own a cell phone and 58 percent have a smart phone.

And more than 12 million people are arrested in the U.S. each year, most of them for minor offenses, such as drunk driving or getting in fights.

Police also have authority to make arrests for fine-only infractions like driving without a seat belt, littering, or jaywalking.

So, allowing police to search the text, photo, and video files on all of those smart phones would severely compromise personal privacy, says Jeffrey Fisher of Stanford Law School.


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TwelveOhOne's picture

It bothered me that the Republican party in MA had an invite

for a "Governor Sununu", when I knew for a fact that he was a former governor (of NH) -- and, by many years!

What you said about titles is important. Once he had completed his service, he was no longer a "Governor". One of the reasons we fought a revolutionary war was to do away with titles of nobility.

Which seem to have come back to roost.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

I think protocol allows it, but I hear ya on titles of nobility

It would, in former times, have been reasonably assumed that nearly everyone would know who is currently in office, and who had by past campaigning and election, gained the office, and its official title, for a past period of time.

A governor might be expected to have an opinion on current events as it once affected their role in government, but they would not likely dare contradict a sitting governor, unless that governor's stated position was considered morally grievous enough to warrant such a contradiction.

I think this protocol works to the People's benefit if we see past governors as likely behind-the-scenes players. By adding their past role-title to their name, it reminds folks to listen to their slant and spin more carefully.

Jesse Ventura still honorable wears the title he earned as The Minnesotan People's Executive office-holder above the Democript and Rebloodlican options they were offered. It's an continuing honor for Jesse to represent the trust of many, both inside and outside, of his home state.

Governor Sununu only wishes he could have earned half of Governor Ventura's good will and trust; he just couldn't bring himself to do that.

Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them. - Frederick Douglass


I'm just sayin' what is the confusion here?
Why are they even hearing this?

Only evidence can be searched and scrutinized.
Arresting officers do not investigate evidence,
that is a detectives job after charges have been levied by a prosecutor
and evidence has been entered for discovery.

Arresting officers merely collect potential evidence.
Criminal and forensic investigators do the..uh..investigating.
When an arresting officer messes with evidence it is usually considered compromised.
Tampered with. Possibly inadmissible in a court.

My documents, papers and effects are constitutionally protected,
whether they be physical or digital.

A cop on the street rooting through my wallet, phone, parcels is just snooping.

But some want to make unlawful actions "legal".

One more time,
Lawful is the Constitution.
Legal is corporate authority usurping the Constitution.

There is a huge difference. Lawful vs. Legal.
For instance, currency is "legal tender",
Years ago the bills had printed on the face...
"This note is legal tender for all debts public and private and is redeemable for Lawful Money at the United States Treasury or any Federal Reserve Bank".
Legal Tender vs. Lawful Money.
Anyone care to guess what "Lawful Money" is/was? Yeah. Au & Ag.

We simply cannot continue to allow courts, legislatures and corporate governments to make the unlawful, legal.
One can see the disasterous results when they replaced our Lawful Money with their Legal Tender.

I have tired of hearing the words, "It's legal".
As much as I am tired of hearing, "Our democracy".
'Cause it is not. It's a Constitutional Republic that garantees us a republican form of government.
But I digress...

Exercise your Liberty.

America Rising.
The Constitution Stands.

"That the pen is mightier than the sword would be proven false; if I should take my sword and cut off the hand that holds the pen" - American Nomad

So there you have it!

"..the courts have granted an exception when a person is taken into custody."

So now it's guilty until proven innocent? They so easily give up our rights without being "convicted" of a crime?

I wonder how much that cost taxpayers in bribes to the court to support the private industrial prison complex, NSA, and all the other alphabet agencies that seek to destroy our 4th amendment?

If you can read this thank a teacher. Because it's in English thank a soldier!

"The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
- Alexis de Tocqueville

Of course they can

Ruling that (obviously) private digital information on handheld electronic devices is the modern version of "papers and effects" is both intellectually beyond modern justices to comprehend and morally the right thing to do.

So - as with everything else they have done in the modern era:

They will rule exactly 180 degrees the opposite of the obvious.

the rise of encryption.


I use Blue Wave, but don't expect one of THEIR silly taglines.

All encryption is approved of

All encryption is approved of an modified by the NSA, else it is illegal and the creator(s) and users could face Federal Prison for aiding the enemy; because if an un-approved encryption algorithm is available then 'the enemy' will be using it, and that is a no no as far as the Federal Government is concerned.

But the same versatility that

But the same versatility that has made phones popular among ordinary citizens has also made them a tool of criminals, the Obama administration argues.

"It is now common for drug deals to be arranged by cell phones, for violent street gangs to communicate through text messages, and for child abuse to be recorded on camera phones," the Justice Department stated in its court filings. "In today's world, cell phones are particularly likely to contain evidence of unlawful activity and to help law-enforcement officers identify suspects they have apprehended."

"Computer search and seizure

"Computer search and seizure is the new frontier. These are the first cases of many that the Supreme Court will decide in the area, so they'll be very important for the future of the law."

Tomorrow is the day

Tomorrow is the day