If You Visit California, You May Not Want to Take Your Cell Phone
A controversial decision was made this week by California Supreme Court. Now, if you are arrested in California, the police have the ability to search your cell phone, text messages and all, without a warrant. Any information that is obtained on your cell phone can be used as evidence against you. Cell Phones Can Be Searched After Arrest, Justices Say
This new ruling is disturbing in that it may start a movement towards warrantless searches of personal emails, searching the relatively new tablet computers and smart phones.
This ruling involves a Ventura County case where Gregory Diaz was arrested for purchasing drugs from a police informant. The police searched his cell phone, and found information that pertained to a drug deal. Diaz claimed that the search of the cell phone violated his fourth Amendment rights against unreasonable search and seizure. The court stated that the cell phone was considered a personal effect, like clothing or a cigarette pack.
Legal expert Mark Rasch, who is a former head of the Justice Department’s computer crime unit, said, “This ruling isn’t just wrong, it’s dangerous.” He went on to say, “It is remarkable, because it simply misunderstands the nature of these devices.” Court: No warrant needed to search cell phone – The Red Tape Chronicles – msnbc.com
This was not a unanimous decision, and dissenting justices likened this decision to giving police “carte blanche” to go through the personal effects of a person. The decision now allows for a legal, yet highly intrusive search that flies the face of what the Fourth Amendment was created to protect.
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