Calif. Supreme Court approves warrantless data seizures by police

[Amerigo Vespucci]

Source: The Raw Story

If you're arrested in California, data stored on your mobile phone, tablet or other portable computing devices could be seized by police without so much as a search warrant.

That's thanks to a recent decision by the state's highest court, which declared on Monday that any and all expectations of privacy are lost once a defendant is in state custody.

By a vote of 5-2, the court said police may "rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer," according to the dissenting opinion of Justice Kathryn Mickle Werdegar.

"The majority thus sanctions a highly intrusive and unjustified type of search, one meeting neither the warrant requirement nor the reasonableness requirement of the Fourth Amendment to the United States Constitution," Werdegar continued. "As a commentator has noted, 'if courts adopted this rule, it would subject anyone who is the subject of a custodial arrest, even for a traffic violation, to a preapproved foray into a virtual warehouse of their most intimate communications and photographs without probable cause.'"

Read more: http://www.rawstory.com/rs/2011/01/calif-supreme-court-approves-warrantless-data-seizures-police/

[arcane1]

1. Hmm.... if my phone is password protected (which it isn't)

would they be able to penalize me for not sharing the password?

[Hubert Flottz]

2. They could torture you until you talked...

"Everything Changed after 9/11" Welcome to GESTAPO world...deposit you freedom and liberty in the trash can, sit down and shut up!

[NYC Liberal]

5. Apparently so:

http://arstechnica.com/tech-policy/news/2009/03/court-self-incrimination-privilege-stops-with-passwords.ars

However in that case (a child porn case) the cops saw several of the photos, then shut down the computer, which required the password to be reentered when it was turned on again. I don't know what would happen if they had NO probable cause and simply wanted to see the phone.

I suppose if a judge ordered you to, you'd have to decide whether it was better to take the punishment for contemt of court or whatever charge would result from ignoring a court order/subpoena vs handing over evidence (if you actually did commit a crime.)

[Amerigo Vespucci]

6. They'd probably just crack the password...my guess. n/t

[ProgressiveProfessor]

8. Might be possible for a phone, depends how its done. Encryption apps

are certainly possible.

[ProgressiveProfessor]

7. They can if they get a search warrant

Been that way for some time. If they seize your computer via a search warrant and its encrypted, the court will require you to give up the password.

[TexasProgresive]

9. That means they can't do it without a warrant.

In the OP the Calif SC granted them the right to warrantless searches. If your phone is password protected then they have to at least show a judge probable cause.

[ProgressiveProfessor]

13. One would hope, but that too could change

I was amazed that they can force the password for a computer with a warrant.

[DeSwiss]

3. K&R

RESIST!

[dixiegrrrrl]

4. Somebody is going to make a fortune

creating thumb drives that look like innocent key fobs, or ..............
or
any way else to hide obvious data you don't want grabbed if a cop stops you.

Have we held a formal farewell party for the Bill of Rights yet?

[grahamhgreen]

10. I'm sure Obama will be outraged by this and fight against it!

:sarcasm:

[former9thward]

11. They don't need you for the password.

Either the phone company would tell them how to open it up or the police probably have IT people who could do it themselves.

[OnyxCollie]

12. K&R. nt

[snot]

14. If this is accurate, it's extremely frightening.

[lazarus]

15. it's not completely accurate

they can search only if you're arrested and they have probable cause. So a cop can't search your cell phone if you're stopped for speeding unless there's also evidence that you were texting at the time.

It's sort of like having your glove compartment locked. The cops can't force you to unlock it unless there's cause, like a drug dog's finding something there.