Comments on: Should Cell Phone Searches Without A Warrant Be Legal?

By: stockycat1

stockycat1 — Fri, 07 Jan 2011 19:53:43 +0000

Most federal courts to review this matter have also permitted the police to search the contents of a cell phone. However, the Ohio Supreme Court in State v. Smith departed from this view. The court reasoned that a cell phone is different from a traditional container because the technological sophistication and nature of modern cell phones has created a heightened expectation of privacy.

I have posted a more detailed analysis, and links to upcoming law review articles on the subject, at: stockycat.blogspot.com

By: pks29733steel

pks29733steel — Fri, 07 Jan 2011 16:01:00 +0000

Home phones require a search warrant to ‘tap’ or ‘bug’ the phone line. House and computers also require a search warrant to search. Why not a hand held computer? Per our ‘Constitution’ aren’t we protected from UNREASONABLE seaches and seizures? If we allow cell-phones to be searched without a warrant how soon will they be tapping your home phone lines and searching your home and home computer without a warrant!!

By: Kelley K.

Kelley K. — Thu, 06 Jan 2011 11:49:51 +0000

This is tricky.. A warrant must be issued to sieze and search computers, so… I think I will side with the Constitution on this one. If all you’ve got for evidence on a drug distribution charge is “6 4 80″ then you’re probably not a great detective anyway.

If you get pulled over drunk, who cares what’s in your phone.

If you’re a cop busting a drug dealer, get a warrant before hand so you don’t have to worry about it… or, go undahcuvvah and have the drug dealer text YOU. No cell phone search needed my friends. Glad I could help.

By: ecvoice

ecvoice — Thu, 06 Jan 2011 11:46:23 +0000

Let’s not forget Probable Cause here.

If there’s a “reasonable” belief that evidence of a crime would be found in an officer’s search of an alleged criminal’s cell phone, then it’s free game.

Texts via cell phones are probably the de facto manner of engaging in illicit behavior as it is, so it’s no surprise that they’d be available to a “reasonable” search.

So, I’m sure limitations still exist with regard to how much of a search officers can perform. As to how those can be monitored while you’re in custody or being patted down, well, that’s another matter.

I think the nature of the alleged offense really needs to come into play here, as well. If it’s a small-time drug deal, it’d not high on a list of priorities against, say, confiscating the cell phone of an assassin, terrorist, murderer, kidnapper and/or accomplice to any of the above.