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.
1 vote
Jan 12, 2016
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::unhide-discussion::
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.
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::unhide-discussion::
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.
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::unhide-discussion::
Well, you'd still have a trial, but they would most likely use that information to try and flip you into an informant.
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