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U.S Court of Appeals for the 7th Circuit: It Is OK To For Police To Search Cell Phones Without A Warrant.

zbacku 2012/03/08 12:55:10
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Police Given Direct Line To Cell Phone Searches
Reporting
Jay Gormley

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.

Read More: http://dfw.cbslocal.com/2012/03/06/police-given-di...

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  • Apache 2012/03/10 15:11:23 (edited)
    Sig Heil.
    Apache
    +1
    Privacy 'rights' are a myth. For years now police & technologically average minded citizens can track your exact location.. localization via multilateration of radio between radio towers of the network & the phone, only needs the roaming signal not active calls. Thinking your safely hidden if if no GPS is a mistake, while the police can track you, so can others with different motives. Not to mention military applications, if wanted a Russian president out of the way, for example, Locking a missile onto his phones IP would do the job.

    Listening in to conversations & obtaining other phone data via covert means isn't new either...but to get a conviction the law needs overt powers that allow the 'evidence' to be used in court. In cases of abduction etc by all means but policing the lawful application phone data acquisition is beyond the scope of the Government...exposing the public to corrupt 'peeping toms'.







    Police corruption
  • Flamingolady 2012/03/10 04:38:33
  • Reichstolz 2012/03/08 14:58:18
    Care To Comment?
    Reichstolz
    +2
    Here is the easy cure, they can demand your phone correct?

    That demand does not mean the battery needs to be inside it.

    Here is the context.
    I was just getting on the interstate, I was sinking my blue tooth so I had the phone in my hand to press the appropriate buttons. Needless to say I passed a cop on the ramp and he thought I was texting since he saw me looking at my phone while driving.
    He pulled me over.
    I asked "what the problem was"
    He said "your getting a ticket for texting while driving"
    I explained I was sinking my blue tooth.
    He said "give me your phone,"
    I said "no"
    He said "I can get a court order for your phone, it would be much easier if you just give me the phone so I can see if you were texting"
    I laughed and said "get your court order"
    To my surprise he reached in and grabbed for my phone
    He didn't get it, and said "let me see your phone"
    I said sure and held it up for him to see.
    That angered him and he called another officer.
    The other officer tried to say that "they could arrest me for not complying"
    I laughed and said "if that is what you would like to waste your time with, go ahead"
    They both questioned why I wouldn't let them see my phone, and I explained the right to privacy, They pleaded to see my phone so they could get this cleared up. I on...

    Here is the easy cure, they can demand your phone correct?

    That demand does not mean the battery needs to be inside it.

    Here is the context.
    I was just getting on the interstate, I was sinking my blue tooth so I had the phone in my hand to press the appropriate buttons. Needless to say I passed a cop on the ramp and he thought I was texting since he saw me looking at my phone while driving.
    He pulled me over.
    I asked "what the problem was"
    He said "your getting a ticket for texting while driving"
    I explained I was sinking my blue tooth.
    He said "give me your phone,"
    I said "no"
    He said "I can get a court order for your phone, it would be much easier if you just give me the phone so I can see if you were texting"
    I laughed and said "get your court order"
    To my surprise he reached in and grabbed for my phone
    He didn't get it, and said "let me see your phone"
    I said sure and held it up for him to see.
    That angered him and he called another officer.
    The other officer tried to say that "they could arrest me for not complying"
    I laughed and said "if that is what you would like to waste your time with, go ahead"
    They both questioned why I wouldn't let them see my phone, and I explained the right to privacy, They pleaded to see my phone so they could get this cleared up. I once again said no.

    The officer was getting frustrated and I was getting board playing with the dullards so I said here, and handed him my phone. He got really mad when he realized I took the battery out of it. Wrote me a ticket for texting while driving. At Court the judge laughed and threw the case out reminding me that I have the right to sue the officer in small claims court for wasting my time.
    (more)
  • Racefish Reichstolz 2012/03/08 15:18:24
    Racefish
    +2
    Smart judge.
  • Apache Reichstolz 2012/03/10 14:10:51
    Apache
    +1
    For those who know their legal rights, like you reichstolz, the imtimidatory tactics of law 'enforcement' officers are neutralized. Those most versed in their legal rights are lawyers & criminals. So Bugsy gets off without a warning & mumsy incriminates herself...
    The rulings of judges is far from consistent, in this case common sense prevailed, not always the case.
  • Reichstolz Apache 2012/03/10 15:31:58
    Reichstolz
    +1
    True, I would agree with you that most do not know or understand the limit to government power, that is too bad.
  • Snowball 2012/03/08 14:39:40
    Care To Comment?
    Snowball
    +1
    I see the value. I also see the potential for abuse. errrr. Why do we have to have creepy and irresponsible people in this world
  • hari 2012/03/08 14:33:56
    Care To Comment?
    hari
    Of course ? if its a threat to National Security ? it has to be ? had it been done well ? sabotage of 9/11 might not have had happened
  • Cyber 2012/03/08 12:58:35
    Sig Heil.
    Cyber
    +2
    Time to download that encryption app. Got nothing to hide, but it's still none of their business.
  • Apache Cyber 2012/03/10 15:22:33
    Apache
    Good luck with that! There's a way to circumvent any tripwires you throw up & if there ain't there soon will be...like viruses these devices & counter devices mutate.

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