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Civil Rights Discuss Cellphone Searches at the Political Forums; The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to ...

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Old 12-26-2009, 04:54 PM
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The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to search a cellphone. The court rightly recognized that cellphones today are a lot more than just telephones, that they hold a wealth of personal information and that the privacy interest in them is considerable. This was the first such ruling from a state supreme court. It is a model for other courts to follow.

Searches generally require warrants, but courts have carved out limited categories in which they are not needed. One of these is that police officers are allowed, when they arrest people, to search them and the area immediately surrounding them, as well as some kinds of containers in their possession.

When the police arrested Antwaun Smith on drug charges they seized his cellphone and searched it, examining his call records. The police did not have a warrant or the consent of Mr. Smith.

The Ohio Supreme Court ruled this month, by a 4-to-3 vote, that the search violated the Fourth Amendment’s protection against unreasonable search and seizure. Rather than seeing a cellphone as a simple closed container, the majority noted that modern cellphones — especially ones that permit Internet access — are “capable of storing a wealth of digitized information.”

This is information, the court said, for which people reasonably have a high expectation of privacy, and under established Fourth Amendment principles, police officers must get a search warrant before they can look through call logs or examine other data. The court wisely decided that it made no sense to try to distinguish among various kinds of cellphones based on what specific functions they have. All cellphones, the court said, fall under the search warrant requirement.
http://www.nytimes.com/2009/12/26/op...duJvGowqvAkrFA

IMO, sensible ruling.
Disturbing that the ruling was 4-3. It should have been unanimous.

Since most higher tech phones have some sort of "lock" capability requiring a password for access, if somebody wanted to prevent access in a state they weren't sure of the existing rules on, they could simply set up a password to unlock the phone before use.
A person can still give a fifth amendment right to not give a snoopy policeman the password.
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Old 12-26-2009, 05:05 PM
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Default Re: Cellphone Searches

I have to agree with you on this, but what about someone who is in an accident, and thier emergency contact information is in their cell phone? Will this still apply?

This could hit a gray area, if someone is, lets say, injured during a drug raid or something.

I have some emergency info in my cell phone, but I also wear an medical ID, and carry a card in my wallet, but not everyone does.
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Old 12-26-2009, 11:03 PM
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I have to agree with you on this, but what about someone who is in an accident, and thier emergency contact information is in their cell phone? Will this still apply?
This could hit a gray area, if someone is, lets say, injured during a drug raid or something.
I have some emergency info in my cell phone, but I also wear an medical ID, and carry a card in my wallet, but not everyone does.
I think intent has a lot to do with it.
If a cop is responding to an emergency situation and happens to notice something illegal in your apartment, that's one thing.

If a cop is simply wanting to enter your apartment to check for illegalities, that's quite another.

The parallel should extend to other issues like cell phones.
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Old 12-29-2009, 01:39 PM
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Default Re: Cellphone Searches

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Originally Posted by GottaGo View Post
I have to agree with you on this, but what about someone who is in an accident, and thier emergency contact information is in their cell phone? Will this still apply?

This could hit a gray area, if someone is, lets say, injured during a drug raid or something.

I have some emergency info in my cell phone, but I also wear an medical ID, and carry a card in my wallet, but not everyone does.
If this is made into law, the SMART cell phone manufacturers will have a function that allows the phone owner to set up emergency contact info on thier phone that's easily available, while still protecting the rest of thier information.
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Old 12-29-2009, 02:57 PM
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Default Re: Cellphone Searches

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If this is made into law, the SMART cell phone manufacturers will have a function that allows the phone owner to set up emergency contact info on thier phone that's easily available, while still protecting the rest of thier information.
I actually do have a specific entry that came with the phone, preset, you just change the info known as In Case of Emergency and it has a big red X next to it.

But it does require getting into my phone.....
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Old 12-29-2009, 03:48 PM
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Default Re: Cellphone Searches

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Originally Posted by GottaGo View Post
I actually do have a specific entry that came with the phone, preset, you just change the info known as In Case of Emergency and it has a big red X next to it.

But it does require getting into my phone.....
I guess I didn't make my idea very clear. I'm talking about a standard function that allows EMS/LE access to your emeergency info. and nothing else. Possibly a preset key sequence or on-screen icon (for touch screens) that displays the info.
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Old 12-29-2009, 04:55 PM
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Default Re: Cellphone Searches

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Originally Posted by faithful_servant View Post
I guess I didn't make my idea very clear. I'm talking about a standard function that allows EMS/LE access to your emeergency info. and nothing else. Possibly a preset key sequence or on-screen icon (for touch screens) that displays the info.
Understood! And I agree, I was merely noting what my phone currently provides.... sorry for the confusion.
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Old 12-29-2009, 05:07 PM
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Default Re: Cellphone Searches

For the police ya. But our NSA can snatch right out of the airwaver any call that uses any of the key words they have to monitor. Cell calls are the easiest.
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