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I'm writing an Amicus Curiae brief on the case of whether or not the police should be allowed to search your cell phone without a warrant if you are arrested. Anyone have anything they want to say I might fit it in.
Friday, 24-Jan-14 21:30:41 UTC from web-
@mylittlesistercantbethisincestual I don't really see what makes digital property different to physical items. Could the police read your journal if they found that in your pocket, or would they need a warrant for that?
Friday, 24-Jan-14 21:37:01 UTC from web-
@ceruleanspark they can search it.
Friday, 24-Jan-14 21:38:45 UTC from web-
@mylittlesistercantbethisincestual If the journal was locked, would they be allowed to bypass that?
Friday, 24-Jan-14 21:41:54 UTC from web
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@ceruleanspark The way the ruled on locked journals quite literally boils down to "what kind of lock is on it". However my argument is that due to the amount of information carried on a cell phone is no where near that of a written journal and is much more similar to a collection of effects found at your house (which they do need a warrant for). Also by extension it contains things more similar to mail and personal records than a pocket journal and those are both protected under the fourth amendment. Basically I'm fishing so that hopefully they decide that SOMETHING on your phone that can be viewed by accessing it violates your right to your effects and thus voids there ability to look at your phone all together.
Friday, 24-Jan-14 21:43:19 UTC from web-
@mylittlesistercantbethisincestual Apparently they don't need a warrant to read email between computers, so doesn't that set a precedent for email-at-rest on a phone?
Friday, 24-Jan-14 21:47:22 UTC from web-
@ceruleanspark I have a whole page on why that is unconstitutional in it's self and they actually could overturn that ruling in this case if they wanted to (but they won't). Is a phone considered a personal effect though? Are your pictures on it private? Due to the nature of smartphones I say that "If any part of a cellular device, particularly of smart devices, that can be accessed violates the fourth amendment the court must rule against access to the phone as a whole because all aspects of it are connected and therefore accessing one part effectively accesses all."
Friday, 24-Jan-14 21:51:50 UTC from web
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