Police given OK to search your cell phone without warrant

Discussion in 'The Fire For Effect and Totally Politically Incorr' started by 45nut, Mar 7, 2012.

  1. 45nut

    45nut Active Member

    Joined:
    Jul 19, 2006
    Messages:
    3,470
    Location:
    Dallas, TX
    Lookie here

    DALLAS (CBSDFW.COM) – Think about all the personal information we keep in our cell phones: It’s something to consider after the U.S. Court of Appeals for the 7th Circuit ruled it is now legal for police to search cell phones without a warrant.

    Former Dallas FBI Agent Danny Defenbaugh said the ruling gives law enforcement a leg up. “I think not only will it help them, but it could be life saving,” said the former Special Agent, who was based in Dallas.

    The decision stems from an Indiana case where police arrested a man for dealing drugs. An officer searched the suspect’s cell phone without warrant.

    The judge in the appeal case, Judge Richard Posner, agreed that the officer had to search the phone immediately or risk losing valuable evidence. Judge Posner ruled it was a matter of urgency, arguing it was possible for an accomplice to wipe the phone clean using a computer or other remote device.

    Defenbaugh says the ruling takes into account exigent or time-sensitive circumstances that could be life saving in more urgent cases, such as child abduction. ”If the child is alive and you’re only minutes behind, that could be critical to recovering that child alive,” added Defenbaugh.

    Judge Posner ruled that the search was legal because the officer conducted a limited search and only looked for phone numbers associated with the alleged drug deal. The judge argued it was similar to flipping through a diary to search for basic information such as addresses and phone numbers.

    Paul Coggins is the former U.S. Attorney for the Northern District of Texas. Coggins says the court’s ruling pushes the envelope on privacy issues and wonders if it opens the door to more extensive searches down the road. “Does that mean officers now have the right to search through your phone, search through your search history, your photographs, your e-mails and the rest, because it could all be wiped clean,” Coggins asked.

    Many critics are asking the same question. They call the ruling an invasion of privacy that far outweighs the needs of law enforcement.

    Both Defenbaugh and Coggins agree that the case is likely to go to the U.S. Supreme court.
  2. jack404

    jack404 Former Guest

    Joined:
    Jan 11, 2010
    Messages:
    17,592
    Location:
    Australia
    cell phone .. oh theres a number for home here too , where your home ?

    no warrant for the home as a extension of the phone search then ,

    etc etc etc , feeling that slope yet ??
  3. Juker

    Juker New Member

    Joined:
    Feb 8, 2011
    Messages:
    2,872
    Location:
    Land of Lincoln
    Yet another reason I refuse to own a cell phone. Folks have no trouble finding me, and I manage to get through life just fine.

    Heard today that Apple has sold 25 billion (yes, BILLION) apps. I can proudly say I have never downloaded an app, never sent a text, never tweeted or twizzled.
Similar Threads
Forum Title Date
The Fire For Effect and Totally Politically Incorr This Ferguson thing is never going away.....police officer shot. Sep 28, 2014
The Fire For Effect and Totally Politically Incorr 145 Police departments dropped from Govt. list..... Sep 1, 2014
The Fire For Effect and Totally Politically Incorr Is Obozo about to disarm police departments? Aug 23, 2014
The Fire For Effect and Totally Politically Incorr Trust the police?? Aug 18, 2014
The Fire For Effect and Totally Politically Incorr Wanting A CCW In Illinois? The State Police Have A Message For You. Jul 18, 2014

Share This Page