police search

[Curious George]

whether a police officer can search your cell phone when the officer stops or arrests you if the officer does not have a warrant.

What can they search? When can they search?

Two oral arguments are on scotus for warrantless cell phone searches? I do not think an opinion has been released yet, but I haven't checked recently. Anyhow, what are your opinions?

 

[Curious George]

Food for thought:

Argument analysis: Limiting a search? Sure, but how? : SCOTUSblog

Go hear to get audio of oral arguments:
Argument Audio

Click on 13-132 and 13-212 (Riley, and Wurie).

 

[kashmir]

No he can not search you without a warrant or probable cause or your consent.
I can find no reason to have a probable cause to search a persons cell, and it demands a warrant.

but if I am wrong, those who want to protect themselves, better get an auto cloud app, that saves audio/video files automatically,
in case a cop tries to delete evidence against him.
Which has happened, but almost everything deleted, can be retrieved.
Been there, done that with someone who stole my camera and deleted all my pics.
Proved it was mine is about 8 mins.
Proved they used it from FB pics they uploaded then deleted off the camera

 

[Curious George]

No he can not search you without a warrant or probable cause or your consent.
I can find no reason to have a probable cause to search a persons cell, and it demands a warrant.

There are certainly reasons, whether those reasons are paramount enough to overcome ones right to security and privacy- that is the question. if you are having trouble seeing the reasons of the other side, consider listening to the arguments the supreme court heard. Or if you click on the link for the cases on scotusblog you should be able to download amicus briefs.

 

[JamesYaqub]

whether a police officer can search your cell phone when the officer stops or arrests you if the officer does not have a warrant.

What can they search? When can they search?

Two oral arguments are on scotus for warrantless cell phone searches? I do not think an opinion has been released yet, but I haven't checked recently. Anyhow, what are your opinions?

My phone is password protected. Not foolproof but it'll slow the cops down until your lawyer get's there.

 

[Monk Of Reason]

You have the right to not consent to a search. This means that anything they do find will be thrown out of a court case. Even if you have marijuana on you or any other illegal substance it cannot be used against you in court if it was found illegally.

However it does not stop them from doing it anyway physically. But in the court it didn't happen in terms of your case. If you resist a search, consented or not, then it is chargeable and then allows them probable cause to search you. Its a catch 22. If you don't consent and they search you anyway and you resist then they can search you legally or rather the search becomes legal. If you have a really good lawyer, witnesses or video of the event then even in that case you can get it thrown out. The worst they can charge you with would be a smaller resistance charge.