Cell Phone Scanners and Civil Liberties

[kalm]

Evidently the ACLU is suing Michigan police to release information on how these new devices are being used. Kind of spooky stuff. BTW is there any candidate other than Ron Paul who is seriously interested in protecting civil liberties?

POLICE ARE INCREASINGLY ENGAGING IN WARRANTLESS CELL PHONE SEARCHES


Picture this: You’re arrested unexpectedly (after all, who really expects to get arrested). Following your detainment, police begin shuffling through your phone, checking your contacts, reading your e-mails and listening to private voice mails — all without your permission and without a warrant. While this scenario may seem unlikely, CNN’s Amy Gahran claims that warrantless cell phone searches are becoming more common in some states across the nation.

http://www.theblaze.com/stories/police- ... -searches/" onclick="window.open(this.href);return false;

[Kim Jong Il]

This ACRU would not fry in DPRK.

[Vidav]

My advice is to not get arrested.

[kalm]

My advice is to not get arrested.

Evidently that is why the ACLU is suing - there have been allegations that these have been used in routine traffic stops. I acknowledge that it might be a slippery slope argument, but it's not as if our rights haven't been under assault lately so what's to keep the government from requiring forfeiture of this information in the future under the pretense of public safety and as a condition of being able to drive? Or for that matter to simply do it and worry about the legal implications later?

http://blogs.findlaw.com/blotter/2011/0 ... hones.html" onclick="window.open(this.href);return false;

[ASUG8]

Seizure of a computer from a home and collection of the data on it requires a search warrant - I would think a phone would fall under the same category.

[GannonFan]

Seizure of a computer from a home and collection of the data on it requires a search warrant - I would think a phone would fall under the same category.

Agree with this - where is this happening that you don't need a warrant and where is the lawyer who's suppose to recognize this and get the evidence thrown out?

[GrizFanStuckInUtah]

Seizure of a computer from a home and collection of the data on it requires a search warrant - I would think a phone would fall under the same category.

Agree with this - where is this happening that you don't need a warrant and where is the lawyer who's suppose to recognize this and get the evidence thrown out?

The problem is, the laws haven't and won't keep up with technology. While I agree they should get a warrant, there is nothing on the books that talk about it at all. One of the things I have tried to do with the policies my company has with electronic media was make them more specific. They didn't want to do that as then there were more loopholes when it was more specific. The more general the rules, the more it covered. I think this is what they are trying to do with the laws on electronic stuff. Until there is precedence, they are gonna take what they can.

All that being said, don't do illegal shit and they won't find anything. They can read all the swear words they want about a Griz loss in Texas, I could care less.

[blueballs]

Another good reason to keep your keyboard locked at all times when the phone is not in active use...

[Ursus A. Horribilis]

My advice is to not get arrested.

That's kind of the thinking that leads to us giving away our liberties at every turn. We go "Shit if you weren't doing this then doesn't affect you" and then suddenly society starts to get comfortable with this shit and the next thing you know it's part of your life as well even though you weren't doing that thing. You know...for safety and so forth.

[Grizalltheway]

Agree with this - where is this happening that you don't need a warrant and where is the lawyer who's suppose to recognize this and get the evidence thrown out?

The problem is, the laws haven't and won't keep up with technology. While I agree they should get a warrant, there is nothing on the books that talk about it at all. One of the things I have tried to do with the policies my company has with electronic media was make them more specific. They didn't want to do that as then there were more loopholes when it was more specific. The more general the rules, the more it covered. I think this is what they are trying to do with the laws on electronic stuff. Until there is precedence, they are gonna take what they can.

All that being said, don't do illegal shit and they won't find anything. They can read all the swear words they want about a Griz loss in Texas, I could care less.

Umm, unreasonable search and seizure? Cell phones are personal property, and the whole search warrant deal applies to them, as well. Just because the Constitution didn't specify "in the event that portable communications devices are invented..." doesn't mean they're fair game w/out a warrant.

[Vidav]

My advice is to not get arrested.

That's kind of the thinking that leads to us giving away our liberties at every turn. We go "Shit if you weren't doing this then doesn't affect you" and then suddenly society starts to get comfortable with this shit and the next thing you know it's part of your life as well even though you weren't doing that thing. You know...for safety and so forth.

I'm not saying it's ok for them to do it. I just think my advice is sound in any case.

[kalm]

That's kind of the thinking that leads to us giving away our liberties at every turn. We go "Shit if you weren't doing this then doesn't affect you" and then suddenly society starts to get comfortable with this shit and the next thing you know it's part of your life as well even though you weren't doing that thing. You know...for safety and so forth.

I'm not saying it's ok for them to do it. I just think my advice is sound in any case.

Probably what you kept you outta the gulag.

[kalm]

My advice is to not get arrested.

That's kind of the thinking that leads to us giving away our liberties at every turn. We go "Shit if you weren't doing this then doesn't affect you" and then suddenly society starts to get comfortable with this shit and the next thing you know it's part of your life as well even though you weren't doing that thing. You know...for safety and so forth.

That's my concern. I'm no conspiracy theorist and try to steer clear from the slippery slope stuff but we seem to be getting fairly blase' about our rights.

[GrizFanStuckInUtah]

The problem is, the laws haven't and won't keep up with technology. While I agree they should get a warrant, there is nothing on the books that talk about it at all. One of the things I have tried to do with the policies my company has with electronic media was make them more specific. They didn't want to do that as then there were more loopholes when it was more specific. The more general the rules, the more it covered. I think this is what they are trying to do with the laws on electronic stuff. Until there is precedence, they are gonna take what they can.

All that being said, don't do illegal shit and they won't find anything. They can read all the swear words they want about a Griz loss in Texas, I could care less.

Umm, unreasonable search and seizure? Cell phones are personal property, and the whole search warrant deal applies to them, as well. Just because the Constitution didn't specify "in the event that portable communications devices are invented..." doesn't mean they're fair game w/out a warrant.

Personal property can be searched without your permission and without a warrant. Your car is a perfect example. My point wan't that I agreed with it, my point was they were going to continue to do so until something changes, i.e. a new law is passed or a court ruling.