i hope that this one gets overturned by scotus

Schadenfreude

Schadenfreude

patriot and widower
Calif court: Cops can search texts without warrant​

Associated Press/AP Online

SAN FRANCISCO - The California Supreme Court ruled Monday that police do not need a warrant to search a cell phone carried by someone under arrest. The justices determined a Ventura County deputy had the right to conduct a warrantless search of the text messages of a man he had arrested on suspicion of participating in a drug deal.

The state court ruled 5-2 that U.S. Supreme Court precedent affirms that police can search items found on defendants when they are arrested.
However, the San Francisco Chronicle reported that in 2007, U.S. District Court Judge Susan Illston ruled that police could not search the cell phones of drug defendants without a warrant.

The Ohio Supreme Court also found in 2009 that police did not have that right.
California Deputy Attorney General Victoria Wilson, who represented the prosecution in the case decided Monday, told the newspaper the split opinions in California and Ohio could lead the U.S. Supreme Court to weigh in on the cell phone issue.

The California Supreme Court decided the loss of privacy upon arrest extends beyond the arrestee's body to include personal property.
Authorities can not only seize items but also can open and examine what they find, the ruling said.

The case stems from the arrest of defendant Gregory Diaz in 2007. A detective took the phone from Diaz's pocket when he was arrested.
Ninety minutes later, a deputy searched its text messages without obtaining a warrant and found evidence linking Diaz to the drug deal. Diaz pleaded guilty and
was sentenced to probation but appealed the search.

The two dissenting justices said U.S. Supreme Court decisions from the 1970s on the right to search an arrestee's property should not extend to modern technological devices.

In one of those decisions, the high court found that police were within their rights when they searched inside a crumpled cigarette pack and found heroin capsules.

A service of YellowBrix, Inc. .
 
Schadenfreude said:
Calif court: Cops can search texts without warrant​

Associated Press/AP Online

SAN FRANCISCO - The California Supreme Court ruled Monday that police do not need a warrant to search a cell phone carried by someone under arrest. The justices determined a Ventura County deputy had the right to conduct a warrantless search of the text messages of a man he had arrested on suspicion of participating in a drug deal.

The state court ruled 5-2 that U.S. Supreme Court precedent affirms that police can search items found on defendants when they are arrested.
However, the San Francisco Chronicle reported that in 2007, U.S. District Court Judge Susan Illston ruled that police could not search the cell phones of drug defendants without a warrant.

The Ohio Supreme Court also found in 2009 that police did not have that right.
California Deputy Attorney General Victoria Wilson, who represented the prosecution in the case decided Monday, told the newspaper the split opinions in California and Ohio could lead the U.S. Supreme Court to weigh in on the cell phone issue.

The California Supreme Court decided the loss of privacy upon arrest extends beyond the arrestee's body to include personal property.
Authorities can not only seize items but also can open and examine what they find, the ruling said.

The case stems from the arrest of defendant Gregory Diaz in 2007. A detective took the phone from Diaz's pocket when he was arrested.
Ninety minutes later, a deputy searched its text messages without obtaining a warrant and found evidence linking Diaz to the drug deal. Diaz pleaded guilty and
was sentenced to probation but appealed the search.

The two dissenting justices said U.S. Supreme Court decisions from the 1970s on the right to search an arrestee's property should not extend to modern technological devices.

In one of those decisions, the high court found that police were within their rights when they searched inside a crumpled cigarette pack and found heroin capsules.

A service of YellowBrix, Inc. .
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A warrant to check my cell phone but anyone can check out my wedding tackle at an american airport???
 
Once you have been arrested, the items you have on your person can be searched. They go thru your wallet, search your car ect. Why would the cell phone be different?
 
If you had a notepad could they read it?

If you had a tape recorder could they listen to the tape in it?

An appointment book?

I have to admitt I am having problems with seeing this one as wrong.
 
WinterBorn said:
Once you have been arrested, the items you have on your person can be searched. They go thru your wallet, search your car ect. Why would the cell phone be different?
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I would think that Gant applies in this one as well. Searches incident to arrest can only be warrantless if evidence to the crime is in sight or suspected on person.
 
evince said:
If you had a notepad could they read it?

If you had a tape recorder could they listen to the tape in it?

An appointment book?

I have to admitt I am having problems with seeing this one as wrong.
Click to expand...
Use passwords and exercise your 5th Amendment rights if they ask you to give over your passwords.
 
WinterBorn said:
Once you have been arrested, the items you have on your person can be searched. They go thru your wallet, search your car ect. Why would the cell phone be different?
Click to expand...



My understanding is that a person can be searched incident to arrest, not that the items on a person can be searched incident to arrest. Yes, upon being taken to jail a person's belongings are taken and inventoried (same with a car) to ensure that the person does not bring contraband into the jail and gets all his or her shit back when he or she is released, but that doesn't justify reading text messages and the like. No?
 
iirc....police cannot open closed containers, such as purses, briefcases or backpacks without a warrant...or exigent circumstances...further, police cannot view your telephone records without a warrant and imo, this flies in the face of that precedent

i believe here there is an expectation of privacy that the police will not be able to go through your cell phone...which likely contains personal information...this is a very bad ruling and you watch...next is your laptop or ipad...

here is the ruling:

http://www.courtinfo.ca.gov/opinions/documents/S166600.PDF
 
amazingly the court and i agree on the expectation of privacy

FN 3

The People do not contest that defendant had a protected expectation of privacy in the contents of his text message folder. For purposes of this opinion, we therefore assume defendant had such an expectation, and do not consider the issue.
 
If he is arrested, I don't a believe a search of the items he had on him at the time of arrest would be unreasonable. Not a violation of the 5 in my opinion.
 
If you were carrying it when arrested, Id say its reasonable for the police to review a laptop or a phone.

If it was in your bedroom, Id say they would need a warrant.
 
Jarod said:
If you were carrying it when arrested, Id say its reasonable for the police to review a laptop or a phone.

If it was in your bedroom, Id say they would need a warrant.
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so you are saying that if you are not at home that you have no expectation of privacy?
 
Schadenfreude said:
so a person who is arrested is a criminal - what ever happened to innocent until proven guilty
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Now if the arrest was determined to be unwarranted then I belve the evidece from the laptop or phone should be dismissed as FOTPT.
 
Jarod said:
If you were carrying it when arrested, Id say its reasonable for the police to review a laptop or a phone.

If it was in your bedroom, Id say they would need a warrant.
Click to expand...


On what grounds is it reasonable to search a laptop or phone? None of the reasons justifying a search incident to arrest are remotely applicable. If they have probable cause to believe evidence of a crime is on the phone or laptop, once you are arrested and they have it in their possession they can get a warrant to search it.
 
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