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Thread: When can police search your phone? Cop vs. Cop

  1. #1
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    When can police search your phone? Cop vs. Cop

    This issue came up in the Dublin CHP investigation, when Contra Costa District Attorney's Office inspector Darryl Holcombe confiscated the phone of Officer Robert Hazelwood, who has not been arrested, during a meeting. Investigators believe Hazelwood received explicit photos from [resigned Officer] Harrington, according to court records. Harrington has been charged with two counts of felony computer theft. [ ... ] For Fakhoury, the fact that Hazelwood was not under arrest is a gray area. "I'd argue there's no consent," he said. "As an officer, you'd think he would have known better than to consent or say and do anything without a lawyer. And if the cops can't keep this sort of thing straight, its doubtful your more typical arrestee would." [my emphasis]

    http://www.mercurynews.com/my-town/c...-police-search
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  2. #2
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    Not without a warrant. In Riley vs. California, the high court found that searching a smartphone's data does not fall under law enforcement's right to search a suspect, such as frisking them or checking their wallet.

    From the linked story -- seems to answer the question.

  3. #3
    Regular Member Logan 5's Avatar
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    I got these from Flex Your Rights on FaceBook.
    Use these at your leisure.
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    Last edited by Logan 5; 11-23-2014 at 01:36 AM. Reason: tipo
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  4. #4
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    Quote Originally Posted by Logan 5 View Post
    I got these from Flew Your Rights on FaceBook.
    Use these at your leisure.
    Me thinks you meant "FLEX" not "Flew"
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  5. #5
    Regular Member Logan 5's Avatar
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    Yes sir. Me thinks you're right. Fixed.


    What I'm wondering about, and FYR has yet to respond to my inquiry on this, would having one of those pics as your cell phone wallpaper be sufficient or must it be locked? I figure that it should be the same as your front door. It can be excusable for a cop to enter your front door if it's unlocked, but if it's unlocked and has a "no trespassing" sign on it, it's less excusable. Likewise, maybe not have a password lock, or even an fingerprint lock, but so long as the wallpaper is there, shouldn't that be equivalent to the "No trespassing" sign?
    Last edited by Logan 5; 11-23-2014 at 01:43 AM.
    Lifetime member, Gun Owners of America (http://gunowners.org/)
    Lifetime member, Jews for the Preservation of Firearm Ownership (http://jpfo.org/)
    Member, Fraternal Order of Eagles since 8/02 (http://www.foe.com/)

    Registering gun owners to prevent crime, is like registering Jews to prevent a HOLOCAUST.

    I am not a lawyer in real life, or in play life. So anything I say is for debate and discussion only.

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