DOJ moans over necessity of search warrant for phone

[UncleBeer 244]

DOJ Whines That A Warrant To Search A Mobile Phone Makes It More Difficult To Catch Criminals

The US government has entered its reply brief in the US vs. Wurie case and its argument in favor of warrantless searches of arrestees' cell phones contains some truly terrible suppositions. Here's a brief recap of the situation in this case:

In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from "My House." They opened the phone to determine the number for "My House." That led them to the man's home, where the police found drugs, cash and guns.

The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man's argument, ruling that the police should have gotten a warrant before accessing any information on the man's phone.

As was noted by Orin Kerr at the Volokh Conspiracy, a lot has changed since 2007. The phone the police searched seven years ago was a grey flip phone with limited capabilities. Unfortunately, the Court is using this case to set precedent for a nation full of smartphones, which contain considerably more data and are roughly the equivalent of a person's home computer, rather than the address book the government refers to in its arguments.

Ready to share ALL your phone date with the Feds, without a warrant?

[TBoneTX 46,226]

It's heading that way.

[UncleBeer 244]

One would hope that the gubmint would be willing to play by 'the rules' (aka: 4th amendment), and not openly try to subvert the Constitution for the sake of their convenience.

[TBoneTX 46,226]

The Fourth Amendment is on life support at best. One more chip-away-at-it ruling by the Supreme Court, and it's toast.