The 4th and Cell Phones

California Gov. Jerry Brown has vetoed legislation that would have required police to obtain a warrant before searching a mobile phone belonging to someone they have placed under arrest. Wired is reporting that essentially anything on your phone — and by extension “the cloud” — is subject to search if you are arrested in California. See more at Wired

I’m not that tech savvy, but you better believe I keep my phone locked. And if you have nothing to hide? Three felonies a day: vague and broad federal laws have made honest citizens into federal felons.

This gives me the creeps. But I do know that this just reinforces my belief that I’ll never talk to the police without a lawyer present. Details on that here.

Update: For your holiday shopping

7 Responses

  1. Yikes! Just set a password up on my BBerry. Thanks, NoVA!!

    Like

  2. NoVA–love your doormat, but I clicked through to this one and I think I'm going to get it for the new house!

    Like

  3. I don't understand where all this weird eroding of rights is coming from. Is it all fallout from 9/11 just waiting for any old excuse to transform our legal system? Brown says the courts are the best place to resolve the issue and others say that smart phones should be treated like the same private property that computers are, I tend to agree with the latter. In order to do that though apparently the precedent needs to be set through the court system?

    Like

  4. hate to be paranoid, but that's good advice about password-protecting the phone.

    Like

  5. The backdrop to Brown's veto is SCOTUS denying cert to Diaz v. CA in which the CA SC ruled that a cell phone found on a suspect could be searched as incidental property following Chadwick (Diaz was/is a drug dealer and his text messages folder was searched after he was arrested.). Presumably, if Diaz had thrown his cell phone away before being arrested, then a warrant would have been required to search its contents.

    Like

  6. Hmm. I would We had our own lesson in data protection. Keen was working a job at the DC jail and put her possessions, including her iPad in a locker. Or, perhaps I should call it an unlocker. She came back from working with an attorney and a defendent and it was gone. She called me distraught from the taxi ride on the way home.We wound up buying a refurb iPad a few weeks later as it had become important for her work. Being able to get email all the time meant that she was able to pounce on good jobs. She can also carry various dictionaries with her that she couldn't before. It's actually replaced her laptop for business trips.The iPad was not locked and was linked to our credit card for her 3G plan. I quickly cancelled the credit cards and chalked it up to life.The new iPad arrived. The next day, I got a phone call asking about our iPad. I can't say as I know what was going on, but whoever it was mailed the old iPad to us. I mailed him back a $200 gift card with a note of thanks.My guess is that they got worried about it being tracked. That or the thief's parents discovered him with the iPad. It all worked out in the end.All of our iThingies (iPad & iPod Touch) are now kept password protected.BB

    Like

  7. Always password protect, iPhone and iPad set up under "find my iPhone" … Free, you can locate your device, and remote wipe it so the minute it touches a data network, it gets wiped. It's like free Lojack. Works great. Finds my devices within feet of their location. Fun, even if not stolen.

    Like

Be kind, show respect, and all will be right with the world.