Is your cell phone aprt of your home?

i say treat it like a pc, they need a warrant to look through your pc. your phone can store much more personal information than anything else that may be in your wallet and should be treated accordingly
 
If you are arrested with your PC, say a laptop can they look through that?
 
I have a saying about the cops. If they are in your business you probably deserve it. Run drugs yea right I can't even smoke thanks to the feds.
 
MahJa said:
I have a saying about the cops. If they are in your business you probably deserve it. Run drugs yea right I can't even smoke thanks to the feds.
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take the money you would intend to spend on drugs(smoke) and put it into a big fucking steak with some good seasoning and be happy. Don't be stupid.
 
What is stupid about weed? It grows out of the ground with the proper lighting and selective breeding it can be somewhat potent. A steak on the other hand has many different things being injected and fed to it before slaughter that might have me think I shouldn't be eating it. Heard of mad cow disease and how you won't know if you have it till later in life?

Oh and I can't smoke weed due to random drug testing but I can get shot faced everyday after work with no problem...
 
MahJa said:
http://hosted.ap.org/dynamic/storie...ME&TEMPLATE=DEFAULT&CTIME=2014-04-27-11-08-00

I feel that if you are arrested with it the cops can look through it, they can look through your wallet.
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I seriously doubt you would lay down and take it like a bitch when it really happened to you for no reason. Let me throw you a true story that happened to a coworker. Your on light rail or metro (he was heading to work) let's say your visiting Baltimore heading from the parking lot to the Ravens stadium for a game. Your sitting near a bunch of people your age and skin color. They stab a kid and run off the train. When the cops get there they arrest you because the old racist lady in the corner days you where with them.

So your innocent, train has cameras no problem. But while the gang unit is going through your phone to see if your affiliated with any known locals they run across that naked picture your girlfriend sent you this morning. Who cares a few cops got to see what's in your phone right your innocent and free to go. Sure you were stupid enough to not lock the phone and to keep shit on there but would you really be okay with what happened?

I think it comes down to reasonable expectation of privacy and if the phone has no security there is none. I think your way off scope with the wallet as especially on the professional end of things a briefcase is more or less what is comparable. Whether that brief case contains my financial papers or my customers documents, if its locked in some states there is a reasonable expectation of privacy that prevents them from searching it without obtaining a warrant. In this day in age you can't expect people to not carry a phone and for devices not to be used as containers for information which needs to be protected.

If the phones not locked then under an arrest they probably should be able to search it. Part of the issue is detained versus arrested, these phones are getting searched during routine detainments. If they want to search a secured device whether its a phone PDA or tablet they should make a formal arrest, seize the device and apply for a warrant. It doesn't matter if your innocent or guilty and if your protecting nothing or evidence of unrelated matters. I mean heaven forbid they search your phone and find the number of a suspected terrorist and you didn't know they were.

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Police have to make an arrest prior to searching the phone, it is still covered under the 4th Amendment against unreasonable searches. If this has been done a persons rights has been violated unless consent was made.
 
Lay down and take it like a bitch? What am I supposed to do fight the cops? They are going to do what they want, they have the numbers and the weapons and training to stop me from "protesting" their actions. You contradict your self in what you said, your co-worker was arrested for that (paragraph 1) and then they can search his phone without warrant(paragraph 4). It doesn't answer the question, is your phone private? You sign a contract with your cell provider, does the wording in that make your phone a completely private thing?

Yes you should lock your phone and when cops start talking to you, you should keep your mouth shut at all times no matter what when under arrest for felonies ( advice form my Dad a Seattle street cop)

But is your phone a virtual home? Are cellphones no different from anything else a person may be carrying when arrested?
 
MahJa said:
Lay down and take it like a bitch? What am I supposed to do fight the cops? They are going to do what they want, they have the numbers and the weapons and training to stop me from "protesting" their actions.
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Your beliefs imply you wouldn't fight it in court later if it were currently deemed legal or no laws existed protecting you. You wouldnt keep appealing until the supreme court heard the case and passed judgement on it. There for lying down and taking it because you believe its okay.

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shiningn, Do they need to formally arrest you before searching it, they can detainee you and search your vehicle without formal arrest under reasonable suspicion. Yes that means your locked glove compartment and your trunk.
 
I don't have the money to fight it to the supreme court, my legal fee's aren't covered by the state like a criminal. I do believe its OK myself, for them to look through your things when under "arrest". Do you know how easy it is for them to get a warrant when you are arrested to look through the contents of you glove box and trunk? It is a phone call away.
 
The next area I'd like to work around is this whole idea people need a domicile to protect their things. When I was homeless I had a laptop and a cell phone along with a change of clothes and a bottle of water in my backpack. I mean I still have a job to go to I can't expect to not have my stuff on me when I am walking down the side of the road. What kinda discrimination is it that I can't be afforded similar protections? However its pretty rare that a person in that situation had anything to worry about.

Personally I was very lucky to be living in my truck. But burning 1/5th a gallon of gas an hour for heat and electricity meant not driving very often.

If they put out a warrant for someones arrest and the phone is part of the crime is there no difference with it on them or at their home? With it on them they don't need a warrant to search it but with it at the home the warrant to search and seize also allows them to search the phone. Seems like the same problem handled 2 different ways. The warrant provides scope of what they can search for, if they don't need a warrant the scope is everything on the phone is it not? If its a warrant for a video then having access to the phone calls without a warrant seems kinda unreasonable.

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A formal arrest is required to search a cell phone unless consent from the owner is obtained. There are a few times i have searched with a person detained and not arrested one was during a shoplifting case when the store employee gave me a license plate number, vehicle and person description, and the exact items that were stolen, 5 cases of beer in this case, the other was because the car absolutely reeked of marijuana. Because the plate came back to the vehicle described and the person matched the description i was able to search the vehicle for the cases of beer, but only in the areas they could be in (which was back seat under a jacket), the cases of beer would not fit in a glove compartment so no not there. The locked areas we get warrants for, unless exigent circumstances exist, such as i hear someone screaming from the trunk. In the marijuana case even though i asked for consent and he did not give it, i was still able to search the vehicle due to the odor, it was found in the center console. Now if i encountered a locked glove compartment in that case i would hold him there until a search warrant was obtained to check that area.
 
Every state is different. Just be a contributing person of society and you wont have a problem. I am tired from working everyday. So i dont cause problems. If you have the energy to cause problems, you didn't work hard enough or work at all. Simple rule of life to live by. Thank you and good night.
 
KevinT144 said:
Every state is different. Just be a contributing person of society and you wont have a problem. I am tired from working everyday. So i dont cause problems. If you have the energy to cause problems, you didn't work hard enough or work at all. Simple rule of life to live by. Thank you and good night.
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For the rest of us we have crack.

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If anyone is even asking this question they are an idiot and could have learned one of the basic principals of committing a crime from watching Goodfellas:
"I've been telling you your whole life, Don't talk on the fucking phone, and now you understand, huh?"
It doesn't matter if you're committing a felony or buying a $10 bag a weed. Evidence is evidence. These kids taking video, texting and talking shit. So many people get busted because of what is posted online or is on there phone. I just think they are idiots. Stay Off the Fucking phone!!!!!!!!!!!!!!!!
 
theBureau said:
Stay Off the Fucking phone!!!!!!!!!!!!!!!!
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Which brings up another argument. Define phone. Which is something they are probably going to end up doing at some point.

In the last 2 months I have had 0 outgoing calls 0 outgoing text messages and no one has this phone number. My plan also only includes 100 minutes. It might be a Nexus 5 but its a mobile internet device to me. If I could get no voice service I would because I don't need it. In the last year I've probably had 7 incoming phone calls that I answered which where forwarded from another number. If I had no phone service and was using it as a mobile computer only should it be treated as a phone?

At the same time if we get laws redefined that allow warrantless phone searches but protect tablets and laptops that's bad for the justice process. The Galaxy Note 8 in the US is a tablet but in Europe its a full functioning 8 inch phone. That exception aside nothings stopping me from using a data only tablet with VoIP and I actually wanted the Note 8 for this purpose. If the evidence is on a device capable of making and receiving phone calls which includes laptops it needs to be included as a phone.


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I didn't read most of this whole post. I was just assuming it started out as someone got busted and got their phone read and got busted bigger or whatever. That was just what I took from the glance at the parts of the thread I did read.
As far as privacy here are my thoughts. This totally goes along with the stay off the phone thing too; Anything that gets typed, texted, talked about, written, photographed, video taped or anything with a computer, phone, tablet, speak and spell or whatever can be part of a warrant, intercepted, hacked into, lost, stolen, borrowed or whatever. Once the owner doesn't have control of the device- Owner is fucked whether the law is right or wrong. Paper is cheap, spoken words are just hearsay if they aren't recorded and I don't wanna be the one who has to make a Supreme Court case because anything I have is used by a court of law against me. You had your shit, which was wrongfully read or whatever.....now your image and all your shit....plus your whole life is not private anymore because you had to make a news case out of it. Fuck all that. A phone conversation is still the most private way to communicate next to face to face conversation. I'm not up on all the laws. I use my phone, never email (I don't have a job where I really use computers), I text a few times a day to my kids. I like having a conversation face to face, I like being able to hear the emotion in someones voice when they are talking. Text, email and whatever else is so impersonal it just does nothing for me and I honestly don't talk to most of my friends that only text. I call and 2 minutes later they text back..."Did you just call?" That's the most irritating thing in the world to me. If I type "Fuck you Rain!" how do you know how I mean that? I could mean that at least 10 different ways and if you take it the wrong way it's incriminating to my character. Everything can be incriminating if it is taken out of context. It might not be illegal but it can hurt someones character or reputation. I say "Fuck you Rain!" then I log off and you get mad and tell Fast and he gets mad and bans me from the site because I pissed off the TBG website dude and then I can't explain that I was kidding. Then even if I do get unbanned and come back you've told everyone what a dick I was so then I come back and only half the TBG members know I was kidding and the other half didn't get the memo and think I am a dick still. This shit happens daily on the news. Careers are ruined because of texts and emails. Christey didn't know anything about the bridge scandal. Yea right.....bet nothing is written down about him talking about it.Top dog knows better. He had his conversation behind a tent at a 9/11 memorial thing face to face with 5 other people. 3 of whom have lost their jobs because they don't talk on the phone. They emailed each other about it. Assuming their emails were confidential and private.
In the information age I assume everything I type or written is gonna be public. If you went to court for a child custody hearing with your significant other they could get all your text and email records for who knows how far back. If anything incriminating or private was in there now it is public court record. They could never get a warrant to get 6 months or a year of recorded phone conversations. They would have had to have had the warrant before the child custody hearing went on. I have friends that have had long, expensive divorces. Things were decided because of text messages and email conversations.
Like I said though. I thought this was a thread about illegal shit and phones or texts. Didn't read most of it. Did read you last post Rain. I could ramble on and on about privacy because the man is always taking it away and I don't like it either. Maybe everyone can take a lesson from Goodfellas and then they would not only, not get in trouble. They would also have more meaningful relationships and get to see and experience all the other things this world has to offer besides staring at a screen (TV, tablet, computer or phone).
 
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