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?
4 comments:
Frighteningly bad -- it seems to me that the logic of cases involving data searches of laptop and notebook computers would apply.
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
Damn commerce clause ruins everything.
Huh? What does the Commerce Clause have to do with this?
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