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OfflineAlan RockefellerM
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Cell phones can no longer be searched during arrests
    #20963626 - 12/11/14 07:56 PM (9 years, 5 months ago)

Decision came out today:

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/12/11/12-50598.pdf

Enlil, what is the scope of this decision - all of the USA?

They said it was invalid because they waited an hour and 20 minutes to search it - are police allowed to search peoples phones if they do it more quickly?

Any other comments on how applicable this is to most cases?



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Invisiblerefried

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Re: Cell phones can no longer be searched during arrests [Re: Alan Rockefeller]
    #20971217 - 12/13/14 01:05 PM (9 years, 5 months ago)

Also what if the police forced your to use your finger or thumb to handprint unlock the phone?  Been thinking of that myself lately as a I now have a phone with this capability.

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OfflineShiVersblood
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Re: Cell phones can no longer be searched during arrests [Re: refried]
    #20978145 - 12/15/14 05:09 AM (9 years, 5 months ago)

I have porn pics on my phone so I wouldn't want cops looking through my phone.

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OfflineAlan RockefellerM
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Re: Cell phones can no longer be searched during arrests [Re: ShiVersblood]
    #20978213 - 12/15/14 05:53 AM (9 years, 5 months ago)

Why did you put porn pics on your phone?

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OfflineShiVersblood
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Re: Cell phones can no longer be searched during arrests [Re: Alan Rockefeller]
    #20978220 - 12/15/14 05:57 AM (9 years, 5 months ago)

Sometimes I'm browsing the web on my iPhone and see hot pics on some websites so I save the images on my phone.

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Anonymous #1

Re: Cell phones can no longer be searched during arrests [Re: ShiVersblood]
    #20983517 - 12/16/14 08:09 AM (9 years, 5 months ago)

What's wrong with storing porn on your phone if it's legit and you view it in the privacy of your own home?

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InvisibleLana
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Re: Cell phones can no longer be searched during arrests [Re: Anonymous #1]
    #20983552 - 12/16/14 08:21 AM (9 years, 5 months ago)

Sadly (correct me if I am wrong) but this is only on a state level (California) it's not federal.  So it does not apply outside of CA?

Lana


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InvisibleEnlilMDiscord
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Re: Cell phones can no longer be searched during arrests [Re: Alan Rockefeller] * 1
    #20983714 - 12/16/14 09:16 AM (9 years, 5 months ago)

Quote:

Alan Rockefeller said:
Enlil, what is the scope of this decision - all of the USA?



This was decided by the 9th Circuit Court of Appeals, so it is binding in the 9th Circuit only.  That means California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii, and Guam.
Quote:


They said it was invalid because they waited an hour and 20 minutes to search it - are police allowed to search peoples phones if they do it more quickly?


That is what made the search invalid as a search incident to arrest, yes, but there is other very recent case law saying that a search of a cell phone usually requires a warrant even when it is incident to arrest.  See Riley v. California.  Riley is a Supreme Court decision, so it applies everywhere in the U.S.

The most important holding in the Camou case you linked is that a cell phone is not a container for the purposes of a vehicle search.  That means that even if the police have probable cause to search a vehicle during a traffic stop, that does not extend to a search of a cell phone located within the vehicle.  This holding, of course, only applies in the 9th Circuit, but it's very significant.


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OfflinePajama Cat
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Re: Cell phones can no longer be searched during arrests [Re: Enlil]
    #21016929 - 12/23/14 12:38 PM (9 years, 4 months ago)

The best idea is to have a lock on your phone...period!!!

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