No. My phone holds about as much personal data as my house does. Opening that up for random at-will searches completely destroys any form of privacy
American law enforcement has long advocated for universal "kill switches" in cellphones to cut down on mobile device thefts. Now the Department of Justice argues that the same remote locking and data-wiping technology represents a threat to police investigations–one that means they should be free to search phones without a warrant. More: wired.com.
Agreed. A cell phone is no different than someone carrying a briefcase. The briefcase is not searchable without a warrant, the owner's permission or probable cause (and then only with special circumstances). The fact that a cell phone can be wiped with a keystroke is immaterial in my opinion.
Agreed . A cell phone should be covered in the " a person shall be secure in their person , property , and papers " . It is after all a different form of storing information as is a file written with quiver and ink ....
The 2nd , 4th , 5th . 9th , and 10th amendments seem to be the target of the globalist Fascists / UN .
Sorry about leaving out the 1st but I just assumed with Obama silencing whistleblowers and the media and the not - so - Supreme court ruling money was speech the 1st is pretty much gone .
Even the BLM set up a " Free Speech Zone " so they could kill some beef cattle .
Do Not Cross ( your federal government at work ) . No cameras allowed beyond this point ....
No, after you're arrested they police can secure the phone and get a warrant, there is no reason to search the phone without one. And in fact if the police had to go to a judge to get a warrant odds are in many cases they couldn't get one. Right now the police can search your phone if you get arrested for jay walking, think about that, you commit a minor offense and the police then have a right to search something that has nothing to do with your crime.
So here's what I tell people, lock your phone with a password and download software that will erase your phone if the password is enter wrong x number of times, and if arrested "forget" you password .
Its been stated by others, but it needs to be emphazised, that if arrested on other evidence, the phone can be secured and a warrant obtained. On the other hand, stopping someone who looks "suspicious" then checking their phones would be out of line.
I, personally, feel that if the police were allowed to search cell phones without a warrant that it would allow them to skip the trial by jury. Because, if we think about it, if we have incriminating evidence before a trial starts, the police can just say "Well, your phone says 'this'." Which, in my humble opinion would not allow the accused (key word, accused) a fair trial. Also, it could escalate to "Well, this was on your phone which we searched on the spot, so you're going to jail." If the officer has a warrant, then they have my permission to search my phone, lest they think I'm hiding something.
But, once you're arrested the police secure the phone, there is no evidence lost. They can get in front a judge quickly if needed and ask for a warrant. There is nothing stopping you from saying it's ok to search my phone, car, house, whatever.
Unless the police have reason to think that a crime is being committed or public safety is at risk, what harm is there in waiting for a warrant? I would be hard pressed to think of a situation where public safety would be at risk from a secure phone, nor could I think of a way a secure phone could be used to commit a crime. The police would still have the incriminating evidence before the trial, or do you think they could only get a warrant during a trial? So there is no harm in waiting, the evidence is still there, and your rights are protected.
After re-reading my post, I realize that I wasn't very clear, so that was my fault. What I was trying to say is that if the police can search our phones on the spot without a warrant, then it could lead to the trial being cut out (this is probably just my paranoia speaking, but still, stranger things have happened). We can also look at it from a another perspective and say that if the police were to search someone's phone without a warrant and they chose the wrong person (a law abiding citizen) that the person's personal correspondences could be at risk.
For example, I wouldn't want my parents going through my cell phone. Not because I have anything to hide (which I don't), but because it is an invasion of my privacy. Now, if I tell them they can go through it, that is a whole other story.
Well, you'd still have a trial, but they would most likely use that information to try and flip you into an informant.