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SCOTUS unanimous decision ( RARE) on cell phone searches!

XD40sc

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And it was UNANIMOUS, all 9 justices (appointed by both dem and rep presidents) agreed that the cops have no right to go through your cell phone.

Note: 9/0 decisions don't happen very often, and that is a very significant statement that cops have very clearly overstepped their boundaries.
 
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Jeff Hayes

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skidmark

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Respectfully , what does this have to do with OC?

It can serve as the foundation for attacking the gun-free zones.

In very basic terms (the embelishments are necessary and need to be understood) SCOTUS is saying that it is the act(ion) and not the implement that is the proper focus of concern.

stay safe.
 

sudden valley gunner

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It can serve as the foundation for attacking the gun-free zones.

In very basic terms (the embelishments are necessary and need to be understood) SCOTUS is saying that it is the act(ion) and not the implement that is the proper focus of concern.

stay safe.


Interesting point. Thank you.
 

sudden valley gunner

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However, the question also become what actions of the officer caused the serial number of the gun to come into plain view and for what reasons did the officer take that action? Is the serial number of your gun in plain view when it is in the holster and you are carrying it? Especially if the person is carrying concealed. Let's say you are stopped for running a red light and the officer temporarily seizes the gun for officer safety. There is no RAS to indicate your gun is stolen. The serial number only came into view because the officer seized your gun for NO REASON other than officer safety. Then the officer must take the additional action of providing the serial to enter into whatever system to check if it is stolen, even though there is no RAS to indicate it might be stolen and he only seized the gun for the purpose of officer safety. I just don't see how that could NOT be an unreasonable search and in violation of the WA state constitution which gives us protection even stronger than the 4th Amendment to the US Constitution.

I agree and I believe it was Garret were SCOTUS said something similar.
 

PeacefulstreetsLC

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Respectfully , what does this have to do with OC?

I'd say because a lot of OCers run video when there is possibility (probability?) of infringement by LEOs. As pleased as we are with the ruling, it's still a good idea to pin/password lock one's phone, and be able to remote wipe if necessary. Also, keep in mind that with sufficient effort, pretty much any online or cloud service one's device may connect to, can be subject to scrutiny. That should require the same standards, if not higher, than a search of one's device. And very likely the question of a warrant will be put to someone of higher education and knowledge than "Joe LEO".


However, the question also become what actions of the officer caused the serial number of the gun to come into plain view and for what reasons did the officer take that action? Is the serial number of your gun in plain view when it is in the holster and you are carrying it? Especially if the person is carrying concealed. Let's say you are stopped for running a red light and the officer temporarily seizes the gun for officer safety. There is no RAS to indicate your gun is stolen. The serial number only came into view because the officer seized your gun for NO REASON other than officer safety. Then the officer must take the additional action of providing the serial to enter into whatever system to check if it is stolen, even though there is no RAS to indicate it might be stolen and he only seized the gun for the purpose of officer safety. I just don't see how that could NOT be an unreasonable search and in violation of the WA state constitution which gives us protection even stronger than the 4th Amendment to the US Constitution.

I think you're on point with this one. Unfortunately, like many cases, it's going to take punitive suits to hammer the message home.

ie: I'm approached by Ofc Smith walking down the street, demanding ID. I rebuff him for lack of RAS, and move on. He then IDs me running my tags as I get into my car. He still has no RAS, but will violate my privacy anyway. It, like the routine running of a firearm's serial, after being seized for "Officer safety", are such common violations, that they don't even think about it. :(
 

sudden valley gunner

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I'd say because a lot of OCers run video when there is possibility (probability?) of infringement by LEOs. As pleased as we are with the ruling, it's still a good idea to pin/password lock one's phone, and be able to remote wipe if necessary. Also, keep in mind that with sufficient effort, pretty much any online or cloud service one's device may connect to, can be subject to scrutiny. That should require the same standards, if not higher, than a search of one's device. And very likely the question of a warrant will be put to someone of higher education and knowledge than "Joe LEO".




I think you're on point with this one. Unfortunately, like many cases, it's going to take punitive suits to hammer the message home.

ie: I'm approached by Ofc Smith walking down the street, demanding ID. I rebuff him for lack of RAS, and move on. He then IDs me running my tags as I get into my car. He still has no RAS, but will violate my privacy anyway. It, like the routine running of a firearm's serial, after being seized for "Officer safety", are such common violations, that they don't even think about it. :(

This has happened to me by officer Allen Bass of Bellingham PD, who then lied to the records department for the reason he needed to run the plates and see ID.
 
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