Tuesday, January 04, 2011

Bad Law

I don't like the direction we're heading here at all:

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.

Get a warrant. They can search a guy to make sure he doesn't have a weapon or some other tool that will allow him to escape custody, but that doesn't invalidate the 4th Amendment. Is that a conservative view, or an American view?


Rhymes With Right said...

Frighteningly bad -- it seems to me that the logic of cases involving data searches of laptop and notebook computers would apply.

Anonymous said...

Well, yes, I think they should get a warrant, too.

Unless this is some sort of interstate commerce, of course. Then anything goes! :-) :-(

-Mark Roulo

Anonymous said...

Damn commerce clause ruins everything.

Darren said...

Huh? What does the Commerce Clause have to do with this?