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California Governor Vetoes Cell Phone Search Law

Article Comments  10  

Oct 11, 2011, 11:59 AM   by Eric M. Zeman
updated Oct 11, 2011, 12:01 PM

California Governor Edmund "Jerry" Brown has vetoed a law that would have required law enforcement to obtain a warrant before searching cell phones. Brown said that the decision on warrantless searches was better left to the courts to decide, and not him. "The courts are better suited to resolve the complex and case-specific issues relating to constitutional search-and-seizure protections," the governor wrote in a letter to the state senate. This means that people who are detained or arrested by police in the state of California will have to make their phones available for search if the phone is on their person at the time their arrest.

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Oct 11, 2011, 12:13 PM

Please don't get me started

This law makes sense why wouldn't anyone who cares about our freedoms not sign that bill? I guess it goes to show you we live in a Police state ever since 9/11 which is sad. On 9/11 the terrorist won because we are giving our rights up one by one and this is insane. OF course you should need a warrant you freaking tools!! Wake up before all your liberties are gone. I am starting to wonder why our congress and all ignore the constituition I guess my one of my law teachers had it right when they said we the people was not referring to us and only themselves because laws are completely ignored and no action is being taken by we the people.
It just goes to show you how committed to protecting the rights and freedoms of their voters our elected officials really are.

I know I'll sleep better at night knowing these guys are looking out for me!

👿 😈
Sometimes people send text messages to friends or family about really personal things that have happened to them or that they are dealing with. I know I have and would die of embarrassment if some cop took my phone and started reading those personal m...

Oct 11, 2011, 7:37 PM

This ONLY applies to those Under Arrest or Detention

Cops CAN NOT just demand your cellphone if they have you pulled over for a traffic infraction. More specifically, they can ask for it but you have NO LEGAL REQUIREMENT to hand it over to them on request or demand.


This law states they can search your phone AFTER you've been arrested or legally detained pursuant to arrest without a warrent.

Expect cops to try and stretch the meaning of this law to include them searching your phone during a traffic stop or other contact. And expect knowledgeable citizens to tell them to go pound sand!

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