Fourth Amendment Florida court rules cellphone search without a warrant is unconstitutional

Discussion in 'Bill of Rights' started by Yard Dart, May 3, 2013.

  1. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    Florida court rules cellphone search without a warrant is unconstitutional | Fox News
  2. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Hurrah, for the Florida Supreme Court.... Make the Police Get a Warrant..... That is as it should be......
  3. tulianr

    tulianr Don Quixote de la Monkey

    I'm very ambivalent on this one. One part of me wants to scream, "Of course they need a warrant! The information in your cell phone is no different than that in your computer at home." The other part of me says, "If they searched the suspect upon apprehension, and found photos and a letter bragging of a crime, should these be barred from evidence? Are the photos and texts on your phone really that different from physical photos and notes?"

    I can put myself in the position of the suspect, and see the potential for abuse by DAs and LEOs; and I can also put myself in the position of the victim, and realize how angry I would be if the thugs who robbed me escaped justice because of technical nuances in the law.

    The digital age has made everything in life more complicated, including law enforcement and judicial proceedings; and has blurred the lines that at one time seemed fairly clear and distinct. I suppose, at the end of the day, I would come down on the side of our Constitutional rights; and accept that it is better for a hundred guilty men to walk than for one innocent man to do time for a crime he didn't commit.
  4. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Now imagine a free society without police on every corner.

    Quite radical, you say?

    We had that once, before prohibition. Sure, we had rangers and sheriffs, especially out west. Most folks could fend for themselves. The days of a cop walking the streets of the city with only a baton are long over. They must have done something right or many of us wouldn't be here to talk about it. I see this as a solid move, restricting police in any way possible is a move in the right direction. Limiting the power of the state is always a safe bet...but it still takes an active and vigilant populace to keep it all serviceable. We once had a republic --the people lost it. I say, let's take it back.
    Yard Dart likes this.
  5. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Tuli.... The suspect is "In custody" already, the phone is seized, and in evidence, as the suspects Personal Property, so what is the BIG Hurry, to see what may, or may not, be on the Electronic Device, before a Warrant can be signed by a Judge, who signs that Warrant, after making a determination that there is "Probable Cause" to believe that there IS Probative Information on said Device? Any Information on the device, does NOT constitute an Imminent Danger to the LEOs, so what is the BIG Issue here? This just prevents the LEOs from conducting a Fishing Expedition, before they present their Probable Cause Affidavit, to a Judge, for the Warrant. This is exactly as it should be. My Opinion... YMMV.....
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