Wednesday, January 5, 2011

Taxifornia Police Officers Can Now Search Your Cell Phone Without A Warrant

I have long made the argument that if the government and law enforcement want to listen in on my cell phone conversations, they can feel free to do so because they are not going to find anything interesting. My biggest argument against it would be that it would be a waste of taxpayer money for them to take the time to do so. Also, I would hope that if they are going to listen to my cell phone calls, they at least obtain a warrant, thus following proper channels and the law.

What if, however, it came down to a police officer wanting to search the actual contents of my cell phone for incriminateing evidence? Again, they are not going to find anything, but now we are no longer talking about a conversation flowing in the air waves, but something that I carry around with me in my pocket. Quite clearly, they would need to obtain a warrant to go through the contents of my cell phone, right? Well, according to the champions of individual civil liberties, the Taxifornia Supreme Court, no, they do not. Just how an officer can search your person if they suspect you of a crime, they can now, in Taxifornia at least, search the contents of your cell phone.


I agree that, for the most part, the law abiding have nothing to worry about in terms of being incriminated by the contents of their cell phone, but if a corrupt officer has your phone, who knows what they could put on there. Crooked cops have been known to plant drugs, so why not plant incriminating evidence on your cell phone?

I have always viewed the need for the police to obtain a search warrant as a check and balance to the authority of the arresting officers by the courts. Was this check and balance of the power of the police not the reason that the Founding Fathers added the Fourth Amendment to the constitution? When we start doing away with the obtaining of warrants prior to search, we are removing the check and balance that was the intention of the Fourth Amendment. Without search warrants obtained from a judge, we are removing the oversight of the conduct of the police by the court.

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