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Cell Search and Seizure

Posted May 29, 2011 7:00 AM

Michigan State Police have reportedly been downloading data from cell phones of motorists pulled over for speed infractions. And, the California Supreme Court ruled that police can search the cell phone of a person who's been arrested — including text messages — without obtaining a warrant, and use that data as evidence. Do you think these state actions open up possibilities of searching other devices or does law enforcement have a right to search in the name of protecting public safety?

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#82
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Re: Cell Search and Seizure

06/04/2011 11:17 AM

I understand the the US Constitution is the overarching document, but at the same time wouldn't the State have evaluated its powers to 'regulate' against that? Or is the practice just to legislate and wait for the screaming?
Mostly the legislation is in reaction to the screaming
legislation may sometimes ignore the potential opposition
Hilarious hyjinks ensue, making lawyers across the land rejoice

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#83
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Re: Cell Search and Seizure

06/04/2011 11:46 AM

It's a combination. What Garthh said is right. But there's also the realization, (by government entities), that most sheep don't scream at all. They just get irritated for a minute and go back to grazing.

I think some of what you witness on here, is that the sheep that do scream feel that they need to scream louder. And to a certain extent, it's true.

I'm always interested in hearing how we in the US are viewed by others. Positive or negative.

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#84
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Re: Cell Search and Seizure

06/04/2011 11:53 AM

government: oh, oh we have a sheep thats acting up. Better make an example of him.

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#85
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Re: Cell Search and Seizure

06/04/2011 12:06 PM

Oh Oh this is fun

we can do our own version of Farmville

who are the wolves?

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#86
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Re: Cell Search and Seizure

06/04/2011 12:32 PM

Hurry, go get Roger................I'll wait here.

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#87
In reply to #86

Re: Cell Search and Seizure

06/04/2011 12:39 PM

Am I supposed to bring him back?

He keeps reverting to the argument that we [the public] are too dim to understand & so shouldn't have a say in how the money is spent

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#89
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Re: Cell Search and Seizure

06/04/2011 12:49 PM

there you go again, making trouble.......

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#90
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Re: Cell Search and Seizure

06/04/2011 12:56 PM

GFA

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#91
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Re: Cell Search and Seizure

06/04/2011 2:16 PM

I was joking.

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#114
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Re: Cell Search and Seizure

09/14/2011 10:42 AM

Sheeple

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Re: Cell Search and Seizure

06/04/2011 3:29 AM

I have a great respect for Andy and his knowledge. Sorry, but when anyone, either American or who ever, starts talking about how our Constitution needs to be "modified".

Andy's post #62, "My point actually was that the 2nd should be modified, drastically"

You appear to feel that thet the priorities of the 18th century should still apply today, why?........I don't.... I think such laws need to be repealed, but we both know that commonsense does not play any role with gun toting fanatics.....

Sorry, but I do get my feathers ruffled, as any American should. You didn't see me address chrisg288, who is Canadian, about his post #64 "the priorities of the 18th century should still apply today, why..." He seems to understand how and why the US Constitution was written the way it was. Your right, this is a forum that is commented on world wide, and things are discussed that are world wide, but I don't try to change a nation nor their constitution on this forum either. Everybody has their own standards and beliefs and this shouldn't be the forum to express they're preconceived down falls of another country. I used stoning to death as an example of another atrocity in the world, as I perceived it. As we all know, Germany has had their fair share, in the '30s and '40s, when it came to illegal search and seizure. I can only hope that they are doing better now. And I have no ill feelings towards Andy at all.

'If' these illegal searches are happening here in the United States, that 200year old document is written well enough to put an end to it. So with that, I am going to get off my soap box and go to bed, and wish good will to everybody, no matter what their political views are.

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Re: Cell Search and Seizure

06/04/2011 6:55 AM

at times it seems we stand alone.

until $#it happens and it's expected of us to do something.

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Re: Cell Search and Seizure

06/03/2011 8:18 PM

History is filled with stories of "invade, neutralize their forces, take over". America is armed to the teeth. If any power were to defeat our armed forces and they tried to invade they wouldn't just walk in and take the place (think Germany and Poland). ANY invaders would have a street by street battle from sea to shining sea (lame I know, but had to throw that in). Landing here and attempting to take over would be near impossible.

I'm no fan of guns at all. And I hate the price we pay to have this right. But America will always be sovereign because our founding fathers placed these things in to our Constitution. These were not 18th century ideals, they are the rights that all people should have regardless of where they live or the time in which they live. They were right for that time, they've been right up to this time and they will remain right in the future. We pay a high price for freedom, I wont argue that. But we are free and always will be. If that right is threatened you'll see the 2nd amendment in action.

We cherish our rights here, keep your hands off my phone!

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#106
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Re: Cell Search and Seizure

08/18/2011 11:41 AM

They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.

---Benjamin Franklin, Historical Review of Pennsylvania, 1759

Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.
---Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787).

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Re: Cell Search and Seizure

09/14/2011 10:34 AM

hello dj95401,

about your post #60. what i learned about the constitution was that we only have the first 10 amendments because of Thomas Jefferson. at the time of the writing of the Constitution he was the Ambassador to France. when he read the constitution as written by the constitutional writers, he balked and threatened to call another constitutional convention because the constitution had no bill of rights. congress relented and passed the bill of rights, which Jefferson wrote by the way. also, he didn't order them by priority, he just wrote them. there is no priority, they just are the "bill of rights".

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Re: Cell Search and Seizure

09/14/2011 10:24 AM

hello Andy, about post #58 and #62

your philosophy is European, not American. so is your understanding of why we have the 2nd amendment. i will put it in caps so the big reason is understood. IT WAS SO THAT WE COULD PROTECT OURSELVES FROM THE GOVERNMENT. that is why it will never be removed. only a well armed citizenry can make a government behave. if you take away citizens guns then the government is all powerful . here in the US, our constitution makes the citizens all powerful and the government is designed to do the will of the people, not the other way around.

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#92

Re: Cell Search and Seizure

06/16/2011 3:26 PM

My wife was pulled over by a South Carolina highway patrolman for a tinted license plate cover, which is a misdemeanor. He then claimed to smell alcohol and arrested my wife on "suspicion" of DUI and had her car towed. She was released after blowing a zero on the breathalyzer. Calls to my state politicians got the $185.00 towing fee refunded, but no disciplinary action was taken against the trooper. Lawyers won't touch the case on contingency because there are no damages, so they say. Implied consent laws allow the police to get away with false arrests when they are on a fishing expedition to fill their quotas. I guess state laws now trump federal laws, and we don't even know what's in the Patriot Act. Law enforcement may or may not have a right to search your cell phone, but they will do it anyway and they will get away with it unless you have a few thousand dollars and a lot of spare time to take it through the court system. You don't have to commit a crime to be arrested. "Suspicion" is all it takes. If you think it can't happen to you, better think again. My wife and I are average middle age middle class taxpaying citizens that have never been in trouble with the law. It was quite a wakeup call for me. The states need money and don't want to raise taxes, and when you signed for your drivers license, you signed away your 4th Amendment rights, even though you were not presented with an "implied consent" contract.

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#93
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Re: Cell Search and Seizure

06/16/2011 5:23 PM

It sucks, doesn't it?

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#94
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Re: Cell Search and Seizure

06/16/2011 10:40 PM

"when you signed for your drivers license, you signed away your 4th Amendment rights"

But you do this in effect every time you agree to be subject to any set of rules associated with some voluntary involvement. E.g. Campus rules, FAA rules, Hotel rules, Tenancy rules, Company rules, Game (football, baseball, ...) rules, on and on.

Now if it said in the Constitution, you have the right to bear arms and drive a car, it would indeed be a Constitutional matter.

So thanks for clearing up my confusion earlier. (last para here)

It seems not all Americans have 'rights' and 'voluntary' blurred, just the ones that think they have a 'right to drive'.

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