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View Full Version : It all began with a traffic stop, and a driver with some gun photos on his phone


1stLineGear
10-04-2011, 12:30 PM
this is California at its best....Again.:rolleyes: This must be stopped

Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops

"In a case explicitly decided to set a precedent, the California Appellate court has determined police officers can rifle through your cellphone during a traffic violation stop."

We may well see this case head to the Supreme Court, as it appears anytime you are pulled over in the state of California, your entire cell phone is now fair game.


http://www.theblaze.com/stories/calif-appeals-court-approves-cell-phone-searches-during-traffic-stops/

aklover_91
10-04-2011, 12:35 PM
It's a good thing I'd probably be too stressed to remember the pas code during a traffic stop, then :D

G60
10-04-2011, 12:41 PM
So how will this play out if sb914 becomes law?

TomV
10-04-2011, 12:41 PM
Case is from 2009. The arrested guy died last month, at age 26. Doesn't say how.

Fictitious Simily
10-04-2011, 12:45 PM
Screen lock added

goodlookin1
10-04-2011, 12:49 PM
Case is from 2009. The arrested guy died last month, at age 26. Doesn't say how.

Moral of the story: Lock your phone or dont bring it with you when in your car.....otherwise you will die 2 years later after being arrested.

:rolleyes:

1stLineGear
10-04-2011, 12:50 PM
Moral of the story: Lock your phone or dont bring it with you when in your car.....otherwise you will die 2 years later after being arrested.

:rolleyes:

LOL made me laugh.

ocmsrzr
10-04-2011, 12:55 PM
You would seem to be better off with your phone on your person, than leaving it in your car, where it falls within the scope of Gant.

Lock code...hmm...saying I forgot it or taking the 5th when asked by the arresting LEO for it? It'd be a interesting case.

Librarian
10-04-2011, 1:30 PM
So how will this play out if sb914 becomes law?

SB 914 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_914_bill_20110902_enrolled.html)looks very likely to become law, but Jerry could still veto it.
This bill would prohibit the search of information contained in a
portable electronic device, as defined, by a law enforcement officer
incident to a lawful custodial arrest except pursuant to a warrant
issued by a duly authorized magistrate using established procedures.
On the face of it, it could be the first useful thing Leno has done.

taperxz
10-04-2011, 1:35 PM
You would seem to be better off with your phone on your person, than leaving it in your car, where it falls within the scope of Gant.

Lock code...hmm...saying I forgot it or taking the 5th when asked by the arresting LEO for it? It'd be a interesting case.

Much easier to tell an LE nothing or have temporary amnesia.

jamesob
10-04-2011, 1:37 PM
just added a pic of my 50bmg as my screen saver.:43:

Tankhatch
10-04-2011, 1:53 PM
Add this to your image file on your cell.

A image of a pro-gun lawyer business card.

RazzB7
10-04-2011, 1:57 PM
I can't see how this can logically stand up to the ultimate test of law. But every time I've tried to apply logic and common sense to the law, I've been disappointed.

creekside
10-04-2011, 1:59 PM
Lock your phone. Better yet, keep nothing interesting on it. It is possible to plug mobile phones into devices which copy the data off without requiring a PIN. There is conflicting case law as to the legality of this practice.

I know of no requirement that I provide a PIN to unlock my phone on law enforcement demand. A warrant is required for such a search. Any lawyers want to chime in here?

duggan
10-04-2011, 2:05 PM
Lock your phone. Better yet, keep nothing interesting on it. It is possible to plug mobile phones into devices which copy the data off without requiring a PIN. There is conflicting case law as to the legality of this practice.

I know of no requirement that I provide a PIN to unlock my phone on law enforcement demand. A warrant is required for such a search. Any lawyers want to chime in here?

This^^^^I have nothing incriminating on my phone mind you, but if I were pulled over and a LEO took my phone and asked for the PIN he can pound sand.

MasterYong
10-04-2011, 2:18 PM
Lol I'd never give an Leo my phone pw and I "have nothing to hide."

He can kick rocks.

"sir, don't you need a warrant to open a locked container?" LOL

PanchoVilla
10-04-2011, 2:27 PM
Yeah esp since a lot of people have work email on their phone. It might be a stretch but I could possibly get fired for giving them access since my company lets us access our work email but we had to turn on the password lock on the phone to do so.

morfeeis
10-04-2011, 2:32 PM
This^^^^I have nothing incriminating on my phone mind you, but if I were pulled over and a LEO took my phone and asked for the PIN he can pound sand.

Thank you, there is no way i offer up the pass code to my phone.

ls2monaro
10-04-2011, 3:05 PM
What if the cop tells you to unlock the phone and you say no and then you can get a 148 charge if he wants to be a dick about it...

ubet
10-04-2011, 3:08 PM
phone locked check, might even encrypt the son of a *****, try breaking that pecker head

Untamed1972
10-04-2011, 3:12 PM
What if the cop tells you to unlock the phone and you say no and then you can get a 148 charge if he wants to be a dick about it...

You can't be charged with obstruction for exercising your rights. You always have a right to refuse consent to a search.

I think some people are reading to much into this. Although I dont agree with it, I dont think this ruling is saying a LEO can just demand to look thru your phone while writing you a speeding ticket. He still has to have PC to conduct a search.

In the case the PC was the inventory search. I think treating it like a container is BS tho. All the was needed for the inventory was "cell-phone, X-brand" for documentation purposes. Does that mean they are going to inventory everything in the phone on the inventory report? Can I accuse them of theft if a picture of text gets deleted?

The 4A says you have a right to be secure on your "papers and effects". In the electronic/paperless age, data stored on an electronic device are the modern equivalent to ones "papers". So the rules for a cell phone should no less than anything else.

newbee1111
10-04-2011, 3:17 PM
Guys, the lock screen won't help you. The police have phone readers that just plug into the USB port and download everything.

http://abcnews.go.com/Technology/michigan-police-cellphone-data-extraction-devices-aclu-objects/story?id=13428178

CycloSteve
10-04-2011, 3:20 PM
Since when does a traffic stop equate PC to search your mobile phone?

Appears that the 4th was tossed out the window with this case. The Constitution is such a simple and well written document, I just can not understand how it keeps getting twisted and turned upside-down under the guise of safety, security, and the like by all branches of the government.

My phone is locked and will remain on an auto time-out for certain. Nothing to hide, but sorry the contents of my phone are none of your business either.

thrasherfox
10-04-2011, 3:21 PM
There are apps for the Droid that not only allow you to lock your phone, then remotley lock you phone (i.e. call someone and have them lock it. it is differant than the screen lock)

But I have an app on my phone that allows me to remotely send a code that wipes everything off of it.

So they can confiscate my phone if they like. My memory card is encrypted so if they pull it out it will be useless outside of the phone.

And within minutes of me contacting someone my phone will be totally wiped of all data.

pbchief2
10-04-2011, 3:22 PM
I think I'll get to work on a app to make the usb port charge only without a password.

nick
10-04-2011, 3:24 PM
It's interesting how the judge opined on the case even though the defendant is dead (and probably no longer represented, and this won't likely be appealed - the defendant is dead). The judge wanted to set a precedent... It's disgusting (and so is the ruling itself, with its tortured logic displaying the complete lack of honesty), and it strongly reminds me of the Miler case.

nhattran_1528
10-04-2011, 4:50 PM
Not cool

Don29palms
10-04-2011, 5:57 PM
You don't have rights anymore. You only have privileges that the government allow you to have. Rights cannot be restricted or taken away. Privileges can!

ubet
10-04-2011, 6:03 PM
There are apps for the Droid that not only allow you to lock your phone, then remotley lock you phone (i.e. call someone and have them lock it. it is differant than the screen lock)

But I have an app on my phone that allows me to remotely send a code that wipes everything off of it.

So they can confiscate my phone if they like. My memory card is encrypted so if they pull it out it will be useless outside of the phone.

And within minutes of me contacting someone my phone will be totally wiped of all data.

How can I encrypt the sd card, and will it work in the same function it does now? Whats the app to remotely wipe the phone/card?

Kali-Jax
10-04-2011, 6:26 PM
Just keep your phone in the center console?

dantodd
10-04-2011, 6:26 PM
I don't think the officer can search your car without PC so just leave yournphone in the center console or under the seat where it won't be "in plain sight" and you should be safe unless they get a warrant or search coincident to arrest. It would also be kinda cool to have a "doomsday screen lock" that nukes the phone when you put in a certain sequence.

stitchnicklas
10-04-2011, 6:28 PM
another reason i keep a jason davis tear-a-way card in my visor mirror slot at all times..

Sniper3142
10-04-2011, 6:48 PM
What if the cop tells you to unlock the phone and you say no and then you can get a 148 charge if he wants to be a dick about it...

Cop can try to arrest on PC 148 but there is currently NO LAW that says you have to unlock or allow access to a secured device so IMHO anything they try relating to that request and refusal would be an abuse of power and not legal so I'd response accordingly.

:mad:

Sniper3142
10-04-2011, 6:50 PM
This^^^^I have nothing incriminating on my phone mind you, but if I were pulled over and a LEO tried to take my phone and asked for the PIN he can pound sand.

Fixed it for ME.

:D

I have a firm policy for dealing with folks that try to steal my property!

socal-shooter
10-04-2011, 6:55 PM
so pics of AR15's on your phone = swat team w/search warrant WTF!!!

Kid Stanislaus
10-04-2011, 6:59 PM
You don't have rights anymore.

That's bogus!!

:rolleyes:

epilepticninja
10-04-2011, 7:00 PM
Can't receive or take pics on my phone, doesn't have e-mail, no internet access, and I rarely text. Go ahead search it all you want.

Paul S
10-04-2011, 7:51 PM
There are apps for the Droid that not only allow you to lock your phone, then remotley lock you phone (i.e. call someone and have them lock it. it is differant than the screen lock)

But I have an app on my phone that allows me to remotely send a code that wipes everything off of it.

So they can confiscate my phone if they like. My memory card is encrypted so if they pull it out it will be useless outside of the phone.

And within minutes of me contacting someone my phone will be totally wiped of all data.

I love it.
"Take that officer Friendly!" :43:

Ubermcoupe
10-04-2011, 7:57 PM
...The judge wanted to set a precedent...

Wait... are you saying this judge was making law???:eek::smash:

Doheny
10-04-2011, 8:06 PM
There was a thread in the LEO section a few weeks ago regarding the same subject. Here (http://www.calguns.net/calgunforum/showthread.php?t=481224).

SwissFluCase
10-04-2011, 8:07 PM
What if the cop tells you to unlock the phone and you say no and then you can get a 148 charge if he wants to be a dick about it...

What if *I* want to be a dick about it and do a Pitchess motion?

Mess with the bull, get the horns.

Regards,


SwissFluCase

Doheny
10-04-2011, 8:14 PM
Case is from 2009. The arrested guy died last month, at age 26. Doesn't say how.

Talking on his cell phone while driving.

:o

.

bombadillo
10-04-2011, 8:22 PM
There are apps for the Droid that not only allow you to lock your phone, then remotley lock you phone (i.e. call someone and have them lock it. it is differant than the screen lock)

But I have an app on my phone that allows me to remotely send a code that wipes everything off of it.

So they can confiscate my phone if they like. My memory card is encrypted so if they pull it out it will be useless outside of the phone.

And within minutes of me contacting someone my phone will be totally wiped of all data.

Whats the program that will let you wipe it remotely? I'm interested in getting that one.

Which Way Out
10-04-2011, 8:44 PM
Cell Phone! When did they put them in prison CELL's ? :D

Fyathyrio
10-04-2011, 8:59 PM
You guys are taking phone security way to serious...just put a bunch of numbers in there like "Coke supplier" and "Crack house" but use phone sex line numbers and prominent anti's addresses. Then come up with a code between your friends and wife where illegal drug and gun names represent normal conversation.

Who says having your 4A rights violated can't be fun?!?

oaklander
10-04-2011, 9:05 PM
just added a pic of my 50bmg as my screen saver.:43:

My lock screen has a pic of a Cobray PM11/9, just like the CA legal one that I own. I may have to add a pic of my CA-legal AK pistol.


Sent from my Maxi-Pad.

oaklander
10-04-2011, 9:08 PM
You don't have rights anymore. You only have privileges that the government allow you to have. Rights cannot be restricted or taken away. Privileges can!

Dude, this is the same drivel you used to contaminate MY thread. If you think we have a problem with OUR government, then work to fix it. Random screeds help nothing.


Sent from my Maxi-Pad.

CEDaytonaRydr
10-04-2011, 9:16 PM
Yeah, my phone is password protected... ;)

TRICKSTER
10-04-2011, 9:23 PM
There is much more to this case than just a "traffic stop" and the title of the article "Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops" is misleading.
Although I do not agree with the judges decision, I suggest that people actually do some do some research on this case before getting your knickers in a bunch. This was not just simple traffic violation.

Lone_Gunman
10-04-2011, 9:24 PM
All of my BlackBerry data is encrypted. If you type in the wrong pass code too many times the phone gets wiped. What do I have on my BBerry? Not really anything, but screw em if they think they can just go through it.

dsmoot
10-04-2011, 9:25 PM
There are apps for the Droid that not only allow you to lock your phone, then remotley lock you phone (i.e. call someone and have them lock it. it is differant than the screen lock)

But I have an app on my phone that allows me to remotely send a code that wipes everything off of it.

So they can confiscate my phone if they like. My memory card is encrypted so if they pull it out it will be useless outside of the phone.

And within minutes of me contacting someone my phone will be totally wiped of all data.
Couldn't this be considered distroying evidence? If your phone was "confiscated" then anything you do to it remotely is messing with the evidence. It would be like sneaking into the evidence locker at the police station and burning documents that would incriminate you.

Lone_Gunman
10-04-2011, 9:25 PM
There is much more to this case than just a "traffic stop" and the title of the article "Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops" is misleading.
Although I do not agree with the judges decision, I suggest that people actually do some do some research on this case before getting your knickers in a bunch. This was not just simple traffic violation.

The point, Officer, is that the decision reaches much farther than this single case. It was an Appellate Court case.

socal-shooter
10-04-2011, 9:32 PM
devils advocate says : even tho he wasnt talking or texting he could easily have been on the internet or checking email

SwissFluCase
10-04-2011, 9:43 PM
Couldn't this be considered distroying evidence? If your phone was "confiscated" then anything you do to it remotely is messing with the evidence. It would be like sneaking into the evidence locker at the police station and burning documents that would incriminate you.

Some newer systems will wipe your phone after it misses checking in to the server after X amount of hours. I'm looking into it. If it wipes, big deal. It will just re-sync with Exchange after I re-enter my credentials.

Regards,


SwissFluCase

TRICKSTER
10-04-2011, 9:43 PM
The point, Officer, is that the decision reaches much farther than this single case. It was an Appellate Court case.

No, the point is that this was not a case of "I'm stopping you for speeding. Is that your phone? Let me see it" as some here seem to imply. The case is much more complicated.

hammerhands32
10-04-2011, 9:44 PM
No problem, just touchdown spike your phone on the ground every time you see an LE officer.

Burbur
10-04-2011, 9:51 PM
http://www.calguns.net/calgunforum/attachment.php?attachmentid=117232&d=1317793670
credit: http://www.eatliver.com/i.php?n=7604

But seriously, if I have a picture of a naked woman on my phone, is that PC because I must have this woman held captive in my cellar?

Better yet, Goatse just found a new home in my phone, just for anyone who thinks it might be a good idea to violate my privacy, whether friend, coworker or cop.

Sniper3142
10-04-2011, 10:02 PM
For those that want or need additional security on Android Smartphones...

Top 25 Android Security Apps:
http://www.esecurityplanet.com/trends/article.php/3935711/Top-25-Android-Security-Apps.htm

Remote Wiping is also now available on most Andoid devices. ;)

223556
10-04-2011, 10:03 PM
Down2TheC
Posted on October 4, 2011 at 2:33pm
Inventory… sure. One phone. Done! By that logic anything electronic in my car allows them to sift through the digital contents. Flash drive, laptop, PC, hard drive. Sounds like the smart phones need a new app. The “Wipe it now” app. Click a button and all content is uploaded off the phone and replaced with pics of “4th ammendment” text. All contacts replaced with the Founder’s info. (Hamilton, Alex – New York, NY)

Im all for this! hahahaha

jeep7081
10-04-2011, 10:14 PM
Whats the program that will let you wipe it remotely? I'm interested in getting that one.

If you have motoblur, you can log-in online and wipe it. You can also find your phone if lost.

watsonville
10-05-2011, 12:00 AM
The guy got taken Out by people he sold guns for one less pot peddler around my nieces and nephews my condolences to his family

IntoForever
10-05-2011, 1:52 AM
[IMG]Better yet, Goatse just found a new home in my phone, just for anyone who thinks it might be a good idea to violate my privacy, whether friend, coworker or cop.
I'm going to keep my old phone with me, completely wiped with a Goatse screen saver. I'd rather crush my cell than have someone look through it unauthorized.

ccmc
10-05-2011, 3:42 AM
so pics of AR15's on your phone = swat team w/search warrant WTF!!!

The real issue as related to firearms is that in most states driving with an AR15 in the car is no big deal for the average law abiding citizen, but in CA apparently even having pics of one leads to the situation you described.

notme92069
10-05-2011, 4:42 AM
I think the real issue here is: Is a picture of a legal firearm probable cause for a search warrant? What crime was being investigated?

ccmc
10-05-2011, 4:54 AM
I think the real issue here is: Is a picture of a legal firearm probable cause for a search warrant? What crime was being investigated?

This isn't the first time this has happened in CA. There was another incident involving a community college student (in LA area IIRC) that had a picture of an AR or similar on his social media page. Another student saw it and reported it to campus police who contacted the local PD. I forget the exact details and where I read about it.

Mesa Tactical
10-05-2011, 7:05 AM
This isn't the first time this has happened in CA. There was another incident involving a community college student (in LA area IIRC) that had a picture of an AR or similar on his social media page. Another student saw it and reported it to campus police who contacted the local PD. I forget the exact details and where I read about it.

I wonder if that guy is a Calguns member?

HowardW56
10-05-2011, 7:19 AM
I wonder if that guy is a Calguns member?


Yea, I wonder....:rolleyes:

Untamed1972
10-05-2011, 7:19 AM
I don't think the officer can search your car without PC so just leave yournphone in the center console or under the seat where it won't be "in plain sight" and you should be safe unless they get a warrant or search coincident to arrest. It would also be kinda cool to have a "doomsday screen lock" that nukes the phone when you put in a certain sequence.

That would be cool. LEO asks for code to unlock phone, you respond by giving him the "doomsday code" and once entered the flashes and flickers while erasing everything and then plays "wah wah waaaahhhhh" music and then displays the text of the 4A on the screen. That would be awesome! LOL

Untamed1972
10-05-2011, 7:21 AM
This isn't the first time this has happened in CA. There was another incident involving a community college student (in LA area IIRC) that had a picture of an AR or similar on his social media page. Another student saw it and reported it to campus police who contacted the local PD. I forget the exact details and where I read about it.

I believe you are refering to calgun member "Blackwaterops". There is much info on his case here on CGN

Untamed1972
10-05-2011, 7:27 AM
I think the real issue here is: Is a picture of a legal firearm probable cause for a search warrant? What crime was being investigated?

I think it could be contended that due to the AWB laws in CA a close visual inspection of an AR (or other "assault weapon") is required to verify that it is legally configured, which may not be readily apparent by a photo.

But the other issue is, so I have a picture of me taken with what would be an illegal AW in CA......but where was the picture taken? So the picture in and of itself doesn't really mean anything. I think an honest judge should never sign a warrant for such a search unless the LEOs can provide compelling evidence that points to those rifles being in my posession IN CA. Absent that, they've got nothing.....for all they know they could be airsoft rifles or something.

If there are more plausible reasons why what the photo shows is NOT illegal (ie could be legally configured, airsoft, pic taken in another state, etc) then there are reasons why it could be illegal I think a warrant should be denied.

Cali-Shooter
10-05-2011, 7:27 AM
Way to go, Kalifornia.

It gets sunnier here everyday. For the people who are NOT law-abiding citizens.

RazzB7
10-05-2011, 7:28 AM
I had a thought about this...

If legally, the phone is considered a container and it's contents must be checked for inventory purposes...

Wouldn't the LEO have to then list EVERY SINGLE ITEM in that container for inventory purposes? Every text, every call log, every photo, every e-mail, every number, every name.

Just a thought.

mb_BeachBum
10-05-2011, 7:38 AM
Officer: What is your password?
Driver: F&*% Y$@ ( my real password...)

Fictitious Simily
10-05-2011, 7:41 AM
I just don't like people playing with my phone, if you want to get a court order they can look though it all they want. However some LEO is not going to go though my phone because he feels like it, hence the screen lock.

WDE91
10-05-2011, 7:53 AM
another reason i keep a jason davis tear-a-way card in my visor mirror slot at all times..

I also keep one with me at all times
It is right behind my drivers license

and when I go shooting I always take "The Little White Book" and another is in their :)

tuolumnejim
10-05-2011, 8:51 AM
It's interesting how the judge opined on the case even though the defendant is dead (and probably no longer represented, and this won't likely be appealed - the defendant is dead). The judge wanted to set a precedent... It's disgusting (and so is the ruling itself, with its tortured logic displaying the complete lack of honesty), and it strongly reminds me of the Miler case.

Dead on, sorry no pun intended. This rings the bell loud and clear as Miller.

ccmc
10-05-2011, 8:55 AM
I believe you are refering to calgun member "Blackwaterops". There is much info on his case here on CGN

Appreciate that. It would've taken the same time/effort for the other two guys to mention that as they put into their sarcastic posts. Maybe that's how some people brighten their lives. Oh well. FWIW I'm pretty sure I didn't read about it here.

Wherryj
10-05-2011, 9:20 AM
SB 914 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_914_bill_20110902_enrolled.html)looks very likely to become law, but Jerry could still veto it.
On the face of it, it could be the first useful thing Leno has done.

This has me wondering "what's the catch"?

Wherryj
10-05-2011, 9:23 AM
I had a thought about this...

If legally, the phone is considered a container and it's contents must be checked for inventory purposes...

Wouldn't the LEO have to then list EVERY SINGLE ITEM in that container for inventory purposes? Every text, every call log, every photo, every e-mail, every number, every name.

Just a thought.

Yes, otherwise how does the department expect to fight the "you erased the vital note that I had and it caused ____ in damages."?

Gryff
10-05-2011, 9:30 AM
Whats the program that will let you wipe it remotely? I'm interested in getting that one.

On the iPhone, there's a free app called "Find My iPhone." Once installed, you can log on to the me.com website, select the phone, and either remotely lock it with a passcode or erase it entirely.

Kodemonkey
10-05-2011, 9:47 AM
On the iPhone, there's a free app called "Find My iPhone." Once installed, you can log on to the me.com website, select the phone, and either remotely lock it with a passcode or erase it entirely.

Problem with that is if they turn the phone off, it's out of area of a cell tower, or put it in a Faraday cage you can't remote wipe it. Granted, not everyone knows how to turn off an iphone but it's not even close to a foolproof system.

Plus,unless you have a buddy that does the remote wipe and can do it before they plug it into their scanner it's not going to help you. They will most likely detain you and keep you from making a phone call until that process is finished anyway.

Gryff
10-05-2011, 9:52 AM
Problem with that is if they turn the phone off, it's out of area of a cell tower, or put it in a Faraday cage you can't remote wipe it. Granted, not everyone knows how to turn off an iphone but it's not even close to a foolproof system.

True, but I don't anticipate being arrested by the NSA. I'm not sure that the Alameda Sheriffs or CHP have taken delivery of their Faraday cages, yet.

Kodemonkey
10-05-2011, 9:59 AM
True, but I don't anticipate being arrested by the NSA. I'm not sure that the Alameda Sheriffs or CHP have taken delivery of their Faraday cages, yet.

Faraday cages are simple. It's old technology, and Police do use them:

http://www.cellular-news.com/story/28121.php (2007 article)

Here's a commercial product from a company after a 30 second Google search: http://www.faradaybag.com/mobile-holdall.html

And turning off an iphone takes 6 seconds. I know LASD has the scanners at my local station. They don't use them at traffic stops, but if you are being booked they will probably do a data dump on your phone.

Not saying the remote wipe feature isn't a good idea (I have it on both phones and an iPad), but it's mostly in case it gets stolen. I have used the find iphone app several times to see where my wife is on the freeway when I am waiting for her to meet me and I will say that it doesn't work all the time even when in a car. But ATT coverage sucks in the Valley(tm) so, you know, like, gag me with a spoon...

smith629
10-05-2011, 1:04 PM
This appeal court ruling is a slippery precident. If you can search my smart phone, which is like a computer because it has a gigahert processor, RAM, an LCD screen, and so forth, then that means you can also search the laptop in the seat next to me, my SD cards, USB storage cards, and any other private electronic storage mediums in my vehicle.

Why not search the car's ECU while you're at it? After all, the ECU stores fuel curves and odometer readings? You know, check when your last oil change was?

NorCal MedTac
10-05-2011, 3:33 PM
The guy got taken Out by people he sold guns for one less pot peddler around my nieces and nephews my condolences to his family

Thats not what happened.

bombadillo
10-05-2011, 6:00 PM
On the iPhone, there's a free app called "Find My iPhone." Once installed, you can log on to the me.com website, select the phone, and either remotely lock it with a passcode or erase it entirely.

But I've got an EVO by sprint.

TRICKSTER
10-05-2011, 6:46 PM
Thats not what happened.
Does it really matter here. Judging by some of the responses, many of the poster here don't seem to know, or care what happened in this case or what the court ruling actually says.

When the lights and sirens come on, erase everything. :rolleyes:

dantodd
10-05-2011, 6:49 PM
Does it really matter here. Judging by some of the responses, many of the poster here don't seem to know, or care what happened in this case or what the court ruling actually says.

When the lights and sirens come on, erase everything. :rolleyes:

I think everyone here is very concerned with what the court said. If you dont understand, the court said "cell phone searches don't require a warrant in a search incident to arrest." As the linked article states other states have also held that even when the is no arrest warrants aren't needed to search cell phones.

TRICKSTER
10-05-2011, 7:32 PM
I think everyone here is very concerned with what the court said. If you dont understand, the court said "cell phone searches don't require a warrant in a search incident to arrest." As the linked article states other states have also held that even when the is no arrest warrants aren't needed to search cell phones.

I understand perfectly, I read the entire court decision. From the looks of some of the post here, many people didn't and are going by the limited and misleading info in the article.