Scientific Dictatorship

U.S. court approves warrantless searches of cell phones

(Reuters) - U.S. police can search a cell phone for its number without having a warrant, according to a federal appeals court ruling.

Officers in Indiana found a number of cell phones at the scene of a drug bust, and searched each phone for its telephone number. Having the numbers allowed the government to subpoena the owners' call histories, linking them to the drug-selling scheme.

One of the suspects, Abel Flores-Lopez, who was convicted and sentenced to 10 years in prison, argued on appeal that the police had no right to search the phone's contents without a warrant.

The U.S. Court of Appeal for the 7th Circuit rejected that argument on Wednesday, finding that the invasion of privacy was so slight that the police's actions did not violate the Fourth Amendment's ban on unreasonable searches...[Full Article]

Labels: cell phones, privacy, search, warrant, warrantless

Can Cops In Your State Conduct A Warrantless Search Of Your Cell Phone?

Personal Liberty Digest

Police officers across the United States are testing the boundaries of the Fourth Amendment, routinely conducting warrantless searches of arrestees’ cell phones. Despite public outcry against it, many State courts are upholding the practice.

For example, CNN reported that in January, the California Supreme Court decided it is legal for officers to search the cell phones of arrested persons for incriminating evidence, without court approval. Similar decisions have been recently made by courts in Florida and Georgia. However, the Ohio Supreme Court barred warrantless cell phone searches.

The Electronic Frontier Foundation (EFF), a civil rights advocacy group, is fighting the California decision, and has filed an amicus brief in the Oregon case of James Tyler Nix.

“Forty minutes after the arrest, without a warrant, an investigator fished through the suspect’s cell phone looking for evidence related to his alleged crime. Law enforcement officials claim they didn’t need a warrant because the search was ‘incident to arrest’ — an exception to the warrant requirement intended to allow officers to perform a search for weapons or to prevent evidence from being destroyed in exigent circumstances,” the article read.

“This is an empty excuse from the police — the suspect was in custody and unable to destroy evidence on his cell phone,” EFF Senior Staff Attorney Marcia Hofmann told CNN.

The article claimed police are often taking the initiative to conduct warrantless cell phone searches, leaving the legality of the practice to be later upheld or overturned by appellate courts.

Labels: cell phones, warrantless

Ruling lets California police search your phone without a warrant

If you get arrested in California, better hope there are no incriminating texts or e-mails or sensitive data stored on your phone.

On Monday, the California Supreme Court ruled that police in that state can search the contents of an arrested person's cell phone.

Citing U.S. Supreme Court precedents, the ruling contends that "The loss of privacy upon arrest extends beyond the arrestee's body to include 'personal property ... immediately associated with the person of the arrestee' at the time of arrest."...

[Full Article]

Labels: California, cell phones, warrant, warrantless

Feds Warrantlessly Tracking Americans’ Credit Cards in Real Time

Federal law enforcement agencies have been tracking Americans in real-time using credit cards, loyalty cards and travel reservations without getting a court order, a new document released under a government sunshine request shows.

The document, obtained by security researcher Christopher Soghoian, explains how so-called “Hotwatch” orders allow for real-time tracking of individuals in a criminal investigation via credit card companies, rental car agencies, calling cards, and even grocery store loyalty programs. The revelation sheds a little more light on the Justice Department’s increasing power and willingness to surveil Americans with little to no judicial or Congressional oversight...

[Full Article]

Labels: credit cards, investigation, tracking, warrantless

Police Push For Warrantless Searches Of Cell Phones

When Christian Taylor stopped by the Sprint store in Daly City, Calif., last November, he was planning to buy around 30 BlackBerry handhelds.

But a Sprint employee on the lookout for fraud grew suspicious about the address and other details relating to Taylor's company, "Hype Univercity," and called the police. Taylor was arrested on charges of felony identity fraud, his car was impounded, and his iPhone was confiscated and searched by police without a warrant...

Labels: cell phones, privacy, surveillance, warrantless

Obama Attorneys Argue For Warrantless Cell Phone Tracking

This is not change that privacy advocates can believe in.

A US appeals court began weighing Friday whether police should be allowed to track citizens through their cellphones without first obtaining a warrant...

Labels: cell phones, surveillance, warrantless, wiretapping