[lbo-talk] California court ok's searches of cell phones without warrant

Wojtek S wsoko52 at gmail.com
Tue Jan 4 05:49:42 PST 2011


[WS:] Is not it the so-called "implied consent" principle? Basically it means that driving is a privilege and accepting it implies consent to

searches (such as blood tests or looking for prohibited substances in the vehicle) that normally would require a court warrant. I do not see why mobile phones in your vehicle should be treated differently.

A point of clarification - I am not defending the procedure in question.

All I am saying that when you enter a motor vehicle in the US, you effectively throw your fourth and fifth amendment rights through the window.

The chances of a white middle class person suffering the consequences of "implied consent" may be small, but not negligible.

Wojtek

2011/1/3 Ferenc Molnar <ferenc_molnar at hotmail.com>


>
> SAN FRANCISCO
> January 3, 2011 1:59pm
>
> If you're arrested in California, even for a traffic stop, police can rifle
> through the old text messages, photos, video and voice mail on your cell
> phone without a warrant, the state Supreme Court says.
>
> It contends that a U.S. Supreme Court decision can be interpreted
> that there's no violation of the Fourth Amendment if police comb
> through text messages without a warrant, if they've lawfully arrested you.
>
>
> http://www.centralvalleybusinesstimes.com/stories/001/?ID=17272
>
> **************
>
> Also:
>
> "Court OKs searches of cell phones without warrant"
>
>
> http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/03/BA5N1H3G12.DTL#ixzz1A1ihqfQi
>
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>



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