cellphone seizure and search legality...

[zooom]

so I read this....

http://yro.slashdot.org/story/11/01/04/059236/Police-Can-Search-Cell-Phones-Without-Warrants

and I couldn't help but wonder, if you had a laptop in your backpack when you got arrested(for example), sure they search the pack and log any personal affects, but they aren't allowed to search through your laptop, so with the smart phones and so forth acting more and more like personal computing devices, how can they search through your phone without a warrant?...


( I am wanting to discuss the legalities and situational circumstances here that surround these types of actions - not discuss the tin foil wearing actions of big brother and the political machine or how much of any of this is because the man in blue is wrong or otherwise. )

[derby]

you can really just avoid the debate by using passwords on your data devices. that way they'd HAVE to get a warrant.

further still, you could encrypt your data since, if i remember correctly, you can't be compelled to provide your key...

attorneys?

[Monster Dave]

you can really just avoid the debate by using passwords on your data devices. that way they'd HAVE to get a warrant.

further still, you could encrypt your data since, if i remember correctly, you can't be compelled to provide your key...

attorneys?

For the mere sake of information security, I would suggest that you use some sort of password on all of your devices capable of security.

[redxblack]

I think even if your password is blank, but if it prompts for a password, you should be okay. Passwords = potential hacking charges if someone accesses information without consent/warrant.

[Rameses]

you can really just avoid the debate by using passwords on your data devices not getting arrested.

[Buckethead]

Pfft. You and you "logic." 

[Rameses]

Pfft. You and you "logic." 

[hbliam]

so I read this....

http://yro.slashdot.org/story/11/01/04/059236/Police-Can-Search-Cell-Phones-Without-Warrants

and I couldn't help but wonder, if you had a laptop in your backpack when you got arrested(for example), sure they search the pack and log any personal affects, but they aren't allowed to search through your laptop, so with the smart phones and so forth acting more and more like personal computing devices, how can they search through your phone without a warrant?...

Answer to bold: Because the court said so.

A few things to consider:

-You may want the police to look through a guys cell phone.

I was sent to an in-progress burglary recently. The suspects broke into a business that had been hit numerous times but this time we arrived on scene in 30 seconds. After chasing one guy on foot and letting him know I was about to shoot him (he kept running and jumping fences, bluff failed  ), we set a perimeter and called a neighboring agency for assistance (it took our whole shift to hold the perimeter). They sent 20 more cops, a helicopter, and a dog. 30 minutes, a long search, and one dog bite later...we had two in custody. With phones.

Messages on the phones we found may show intent (giving our case more juice) and (most important) may give up the phone number or identity of the getaway driver that ditched his compadres.

Other points:
-phones can be master deleted or erased remotely
-the new decision only gives us about 90 minutes or so to access the phone. After that we need a warrant.

Laptop still needs a warrant. As long as you can make phone calls and send text's on your smart phone..it's mine.  

You (actually the court that rendered the decision) bring up a good point about the capabilities of smart phones though. Sounds like the US Supremes need to make a decision.

[hbliam]

you can really just avoid the debate by using passwords on your data devices. that way they'd HAVE to get a warrant.

Not totally accurate. If I can guess the password I don't need a warrant since I am legally allowed to search the phone.

[derby]

Not totally accurate. If I can guess the password I don't need a warrant since I am legally allowed to search the phone.

there's a reason my password isn't' 1-2-3-4. 

[derby]

http://www.bash.org/?244321

<Cthon98> hey, if you type in your pw, it will show as stars
<Cthon98> ********* see!
<AzureDiamond> hunter2
<AzureDiamond> doesnt look like stars to me
<Cthon98> <AzureDiamond> *******
<Cthon98> thats what I see
<AzureDiamond> oh, really?
<Cthon98> Absolutely
<AzureDiamond> you can go hunter2 my hunter2-ing hunter2
<AzureDiamond> haha, does that look funny to you?
<Cthon98> lol, yes. See, when YOU type hunter2, it shows to us as *******
<AzureDiamond> thats neat, I didnt know IRC did that
<Cthon98> yep, no matter how many times you type hunter2, it will show to us as *******
<AzureDiamond> awesome!
<AzureDiamond> wait, how do you know my pw?
<Cthon98> er, I just copy pasted YOUR ******'s and it appears to YOU as hunter2 cause its your pw
<AzureDiamond> oh, ok.

[Punx Clever]

http://www.bash.org/?244321

<Cthon98> hey, if you type in your pw, it will show as stars
<Cthon98> ********* see!
<AzureDiamond> hunter2
<AzureDiamond> doesnt look like stars to me
<Cthon98> <AzureDiamond> *******
<Cthon98> thats what I see
<AzureDiamond> oh, really?
<Cthon98> Absolutely
<AzureDiamond> you can go hunter2 my hunter2-ing hunter2
<AzureDiamond> haha, does that look funny to you?
<Cthon98> lol, yes. See, when YOU type hunter2, it shows to us as *******
<AzureDiamond> thats neat, I didnt know IRC did that
<Cthon98> yep, no matter how many times you type hunter2, it will show to us as *******
<AzureDiamond> awesome!
<AzureDiamond> wait, how do you know my pw?
<Cthon98> er, I just copy pasted YOUR ******'s and it appears to YOU as hunter2 cause its your pw
<AzureDiamond> oh, ok.

Epic

[ducpainter]

You were doing so well until the red state bullshit bro.