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Message
Cellphone searches incident to arrest ruled unconstitutional
Posted on 6/25/14 at 1:42 pm
Posted on 6/25/14 at 1:42 pm
LINK
Pretty big news, I know many people were concerned over the outcome of this. Unanimous ruling too.
Also to clarify this is without a warrant.
Pretty big news, I know many people were concerned over the outcome of this. Unanimous ruling too.
Also to clarify this is without a warrant.
This post was edited on 6/25/14 at 1:44 pm
3
Posted on 6/25/14 at 1:43 pm to BayouBandit24
good ruling 
Posted on 6/25/14 at 1:46 pm to Draconian Sanctions
I didnt click link but does it say that they can take your phone until they get a warrant? 
Posted on 6/25/14 at 2:14 pm to HailToTheChiz
quote:
I didnt click link
Read it and you'll find out
Posted on 6/25/14 at 2:20 pm to Draconian Sanctions
quote:+1
good ruling
Posted on 6/25/14 at 2:36 pm to NC_Tigah
I was actually pretty worried that they were going to mess this one up somehow. The list of the exceptions to the general 4th amendment rule is getting quite long.
Posted on 6/25/14 at 2:37 pm to BayouBandit24
Obama on the short end of a unanimous Supreme Court Decision. LOL
That dude is MORE anti-freedom that either side of the Supreme Court!!
That dude is MORE anti-freedom that either side of the Supreme Court!!
Posted on 6/25/14 at 2:40 pm to ShortyRob
Was Obama in support of the searches?
Posted on 6/25/14 at 2:42 pm to BayouBandit24
Not bashing you specifically.... But people really need to start searching before posting. We've had multiple stories posted multiple times today 
Posted on 6/25/14 at 2:43 pm to BayouBandit24
quote:Does anyone read anymore?
Was Obama in support of the searches?
Posted on 6/25/14 at 2:46 pm to Lsut81
Ah I see it now. On the 3rd page, I figured that it'd be on the first or second. My Bad
Posted on 6/25/14 at 3:09 pm to BayouBandit24
quote:
Ah I see it now. On the 3rd page, I figured that it'd be on the first or second. My Bad
No biggie, just feels like we keep rehashing the same threads over and over again. We've had multiple of
GDP
Cellphone Searches
EPA emails
and of course, not to mention the gay marriage threads that just rehash the same shite over and over and over again
Posted on 6/25/14 at 3:22 pm to HailToTheChiz
quote:
I didnt click link but does it say that they can take your phone until they get a warrant?
No. It can be held for at least as long as you are in custody. If it is deemed evidentiary, it can be held during the warrant application process. That process shouldn't take long though. The exigent circumstances exception still applies also.
Posted on 6/25/14 at 3:32 pm to Draconian Sanctions
quote:
good ruling
Obama disagrees.
Posted on 6/25/14 at 3:34 pm to Lsut81
I agree. Don't leave out the abortion threads. Like any options have changed since the thread 1 week before.
Posted on 6/25/14 at 3:42 pm to Five0
quote:
No. It can be held for at least as long as you are in custody. If it is deemed evidentiary, it can be held during the warrant application process. That process shouldn't take long though. The exigent circumstances exception still applies also.
If they can hold the phone for as long as one is in custody while applying for a warrant, in what cases does the exigent circumstances exception apply?
Posted on 6/25/14 at 3:45 pm to Decatur
Kidnapping case for example. Life or death situations.
Posted on 6/25/14 at 4:04 pm to Five0
I can see something like that.
I'm recalling old case law where exigent circumstances was applied to cases where the data could be easily destroyed.
I'm recalling old case law where exigent circumstances was applied to cases where the data could be easily destroyed.
Posted on 6/25/14 at 4:14 pm to Decatur
Correct. If they are in custody (search incident to arrest) the phone is in their property. No risk for destruction unless it can be remotely wiped. Then again, that doesn't completely stop recovery either.
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