Showing posts with label Constitutional Rights. Show all posts
Showing posts with label Constitutional Rights. Show all posts

Wednesday, April 30, 2014

Justices Troubled Over Cell Phone Seizure Case

The question of whether a police officer can review the contents of the cell phone of the person he arrested is before the United States Supreme Court and according to reports, the Justices are having some trouble with the concept.

Search and seizure cases do not get as much press as other constitutional law cases. Most folks figure they will never face the issue, and therefore, the issue does not concern them.

But consider this scenario - a police officer arrests you for jaywalking, or for not wearing a seatbelt. Should the police be able to take your phone and look at every single email that you have written, including work emails, including emails to family members, very intimate communications. Should he be allowed to review your bank records, your medical data, your calendar, and your GPS history?

The case is being considered at the “the tax return of the jaywalker” case. and it seems to me that the Court needs to limit the ability to search the phone without a warrant. And if they can search the phone, how about your tablet? Your laptop?

More details are available at the New York Times - Justices Appear Divided on Cellphone Warrants.

Monday, January 24, 2011

Do We Need a Department of Homeland Security or a TSA?

The simple answer is no, and given the clear evidence of all that they have taken away from us, there really should be no doubt. But read the explanation. More...

Seattle Activist Wins Case Against TSA

The entire TSA security process is drawing a great deal of attention, and more so since the introduction of evasive patdowns and the so-called "naked" body scanners. While I certainly understand the need for security at airports, the TSA seems to be more out of control with each passing day. We do have a right to be free from unreasonable searches, and given the fact that there has not been any instance of a person attempting to bring a bomb on a plane in the US in well over 10 years, constitutional lawyers have to wonder whether the invasive pat-downs and the "naked scanners" are even remotely reasonable. They can't be, since there is no credible evidence that anyone is trying to get bombs on planes in the US, and no evidence that our existing security procedures are insufficient.

No court has ruled on this issue at the moment, but the day is approaching. The activist who was arrested for video-taping
TSA agent in a public space, and for not showing his papers, has been acquitted of all charges. More...