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No Warrant Needed by Police to Search Phones, Says Calif.

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Top message:  Wow, ridiculous by kvlt_ov_personality   Jan 4, 2011, 2:33 PM

Replying to:  Re: This Should Be Illegal by Renaldo   Jan 5, 2011, 9:38 AM

Re: This Should Be Illegal

by Vipermad    Jan 5, 2011, 10:22 AM

Renaldo said:
No, by the means of arrest, the person has given their rights away in the instance of a crime. The report from Cali states not, if the police arrest you then probable cause has been obtained. If your phone is on your person then it can be searched. It is we the people that need to watch who we put into office that makes these rules for us. We need to be included in process.


Uh....no. By means of arrest you are still INNOCENT until proven GUILTY. If your phone is not directly part and parcel of your crime, it is off limits. Sure, they can "detain" you and "detain" your property....but they still must be required to justify WHY they need to look in your phone. Arrest someone for being drunk in public.....what gives them any right to look at your phone?

If they arrest you for drunk driving....they can search of open containers, etc. They can look in your car (drunk DRIVING), they can look on your person, and they can look for concealed alcohol/weapons/etc in your purse or on your person. NOTHING in that cell phone has ANYTHING to do with drunk driving (sure...you may have been drunk driving AND talking on the phone....but they can wait to get a warrant to look at the phone).

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