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Supreme Court Rules Cops Need Warrants To Search Cell Phone Data
Moments ago, in a unanimous decision, the Supreme Court gave the NSA monopoly rights to electronic data, communication and exchange after it decided that Police must obtain a warrant before searching mobile devices after arresting someone, stating "privacy interest outweigh police convenience". So... Americans still have privacy rights despite all the Snowden revelations - amusing. According to the WSJ, "the court, in a unanimous ruling by Chief Justice John Roberts, said both the quantity and quality of information contained in modern handheld hand-held is constitutionally protected."
Chief Justice Roberts rejected law-enforcement arguments that cellphones fell under a longstandlong-standingn to the warrant requirement that allows police to search the contents of suspects' pockets to make sure they don't carry weapons or destroy evidence.
"Modern cellphones are not jaren'tther technological convenience," Chief Justice Roberts wrote. "With all they contain and all they may reveal, they hold for many Americans 'the privacies of life,'" he wrote.
"Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant," the chief justice added.
Lower courts had been split on the question, and the justices themselves have been grappling with the bounds of privacy in the digital age, sometimes tilting toward government, other times toward the individual.
Of course, the Police can simply use back channels to get all the data they need from Fort Meade.
One wonders how much impact big corporations, pardon, "people" had in this decision, one which will only give Americans a greater sense of comfort about sharing all their private details with anyone and everyone, even as all the data is still intercepted and collected by "non-Police" entities.
Finally, and since the Supreme Court is on this wave of protecting "constitutional rights", maybe it is time for SCOTUS to opine on how it really feels about the NSA following the endless revelations about the agency's relentless intrusiveness in the private lives of Americans, both domestically and around the globe?
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Police. POLICE. Read the fine print. NSA is spelled nothing like POLICE, so it's an entirely different story there.
As my friend Eazy-E from N.W.A. would say " Fuck The Police "
Used to say.
lol don't care.
--NSA
So does this apply to StingRay?
http://www.thenewamerican.com/usnews/constitution/item/17908-police-use-...
Or are we still operating under the false pretense that doesn't exist and that the existence of the NSA is a conspiracy theory?
Bambuser or Ustream!
jaren'tther ???
What a relief to dealers of dangerous drugs. Man this will help pull more cartel product too. I guess I better homeschool my kid until their prefrontal cortex is fully engaged. It is going to be dangerous out there, with our borders open, police budgets strapped, prisons over flowed, court systems bogged and delided, teachers and administrators and curriculum writers spouting dumbed down statist pap, and this too.
"Supreme Court Rules Cops Need Warrants To Search Cell Phone Data"
Sometimes a bone is just a bone....
Give the police an inch and they'll take a mile. For your own, ahem, "safety," of course.
Yeah, they'll just ignore the ruling when it comes to StingRay. But with this ruling comes all sorts of fun we can have with our local sunshine laws.
The ruling did not mention the NSA at all, and police and gov't agencies are becoming more and more intertwined daily. DHS performs raids with local police all the time, so the police will just tap into the NSA. Basically, nothing has changed
Watch this!!!
I DON'T NEED YOUR FUCKING CONSENT! ~ POLICE
https://www.youtube.com/watch?v=zDZKGKJYFQQ
well this means more favors for local judges and the pre printing of warrants with fill in the blanks as needed..
A buddy of mine was pulled over and asked for his cel phone about 9 months ago.
He got out of his car and smashed it on the ground then told the cop feel free to write him up for littering.
Personally, I'd have just said good luck figuring out my password.
But, I had to give Teddy props for having the balls.
This is crap. It will only incentivize police to create more "probable cause" stops to circumvent the need for a warrant. Or gin up situations so that police can proceed without a warrant. "He was reaching for something" "You are resisting, hands up" "My dog smelled something"...that kind of stuff. This won't change a thing, only the tactics used to negate the need for warrants.
If you have a smartphone, encrypt it. Yes, the NSA probably has ways of dealing with that, but no, your local PD doesn't, and the more encrypted phones there are, the more computing power the NSA would have to put towards cracking them, and there is a limit to computing power, not to mention a limit to manpower. It does take a person to decide whether or not to crack the encryption the data and it does take a person to push the buttons.
Police. POLICE. Read the fine print. NSA is spelled nothing like POLICE
Let me be clear:
FUCK THEM BOTH! And SCOTUS too!
Amazing
A step in the right direction?
How can this be?
Why, because it's an election year, of course.
Facade maintenance is required lest the sheeple stay home on selection day.
Don't kid yourself. A warrant in this context is a rubber stamp formality that delays your arrival in Stoney Lonesome by a few nanoseconds.
Depends on your local judges, really. Some districts are nightmares, others still try to adhear to the constitution, and yet others, it's a crapshoot.
I think you're talking about America's Walt Disney past. Nowadays, FISA laws and the Patriot Act have done away with most of those quaint Bill of Rights notions.
No, there are differences between districts when it comes to the courts. Some judges think that what is going on is bullshit, but there is only so much they can do to combat it.
A cop can be sued as an individual for merely detaining someone because they are open carrying:
http://scholar.google.com/scholar_case?case=7943178321659144844&q=matthe...
A cop can be sued as an individual for arresting someone for concealing their identity when the cop has no reasonable suspicion to detain them:
http://scholar.google.com/scholar_case?case=1565024730806456601&q=brunse...
The dates of those cases are 2009 and 2012 respectively. The judge that issued those rulings is still the chief justice of my local USD court. Another one that he was in the news for:
I think a lot of people miss the point and sue the police department or the city. Sue the individual and you will get somewhere.
Due to the legal concept of qualified immunity, suing the individual is not always possible. Different districts have different ideas on when qualified immunity goes away. I could probably go trolling by walking up and down Central Ave. open carrying, and being honest about my intent to get some dumb cop to detain/arrest me for open carrying to the dumb cop himself so that I could sue him and make ~15k. I would eventually get one dumb enough to bite. Other places, not so much. The stupidity of the cop would be irrelevant.
Do some research on the U.C.C. (Uniform Commercial Code). There are ways of filing leins on someone's personal property for interfering with you unecessarily.
This is so very true, my good man. But there's just so much more money to be made by suing the police department and city.
Don't worry. Obama will sign some international treaty that will allow the police to keep right on doing it, overruling (and rendering completely irrelevant) this Supreme Court decision. Same way he's going to nullify the 2nd Amendment (and others).
He'll do it for the children.
That's Michelle's shtick for her centrally planned school nutrition SS program. And of course Nancy Lugosi's shtick for everything in the state, nothing outside the state(except for tuna fishing. She rakes in lots of cash with that, for her children and private school grandchildren, exclusively).
"Obama will sign some international treaty"
Maybe not necessary...
Officer: "Those are Brazilian floor tiles your standing on. You are officially outside the
USA. You no longer have any rights."
That means no more taking away of the cell phones for no reason.
So, when you film them breaking the laws they don't enforce anyway, they need a warrant first.
Will the cops follow the directions???
Why, fuck no...
Will the cops follow the directions???
Why should they as they are not held personally accountable for violations of Civil Rights?
If you are lucky enough to have a Court hear your case then the Taxpayer is saddled with the expense of the Judgement and the Court Costs.
Why sue?
Off topic...Public Buildings can easily be destroyed by taking a Pipe Bomb and placing it between the Gas Meter and the structure. The following fire will destroy the building and kill or burn the occupants of the building. Pipe Bombs are easy to construct with Lithium Batteries. Here is an "non instructional" video on YouTube.
https://www.youtube.com/watch?v=CH6GpXAXmx8
You can imagine that other variations can be made.
The best way for you to protect yourself from any danger is to limit your travel and occupancy of any Public Building as Courthouses, Police Stations, Federal Buildings, IRS Offices, etc.
If the Police continue their illegal activities then, sooner or later, some people may actually act.
This is posted as a Public Service Announcement as you cannot be too safe.
I'm lucky enough to have a court near me that actually says that cops don't have qualified immunity on a fairly regular basis.
As are many other places... of course, you don't hear much about the places that are functioning well...
Yeah, well, I am seeing enought chatter about areas where they aren't functioning well to worry he hell out of me. I consider myself lucky, and on the criminal side of things, the police and the district attorney's office are most certainly not functioning well. I'm happy that one out of the three institutions still tries to do its job, and at the metro level rather than the real trial court level (i.e. district court in NM,) it is a crapshoot. Some of the metro judges are excellent, some suck balls. But I want you to think about that for a moment - I'm happy that one out of the three institutions are functioning properly.
For the statists it is 19 steps forward, today was one step back.
...and tomorrow it will be a full twenty steps forward.
Moar bread & cricus for da masses.....brought to you by CNN Headline News.
Now, back to our regular programming (NSA eavesdropping).
Yawn.
British Intelligence needs shit to search US cell phones.
NSA ShmeNSA. The proles will see this ruling as a victory for truth, justice, and the American way (ahem....spying and lying). Cue the slow motion flag waving and signs of victory on the steps of the SCOTUS.
It's really hard to fathom what a relief this is to call this a relief.
It's like saying "sure, you still have death sentence...but we might have made some procederal errors when we ordered your summary execution and we'll willing to look into that now."
Gives new meaning to the game "smear the queer" we all used to play back in elementary school meh?!
"Apparently some of those kids that got targeted are still pissed off. And they invented the internet!"
In other news I have in fact heard from reputable sources that mail volume has totally collapsed again. I think the days of the postal delivery dude are numbered.
The NSA spies on everyone. The Supreme Court dare not make a decision that limits the power of the NSA:
The most extraordinary passage in the memo requires that the Israeli spooks “destroy upon recognition” any communication provided by the NSA “that is either to or from an official of the US government.” It goes on to spell out that this includes “officials of the Executive Branch (including the White House, Cabinet Departments, and independent agencies); the US House of Representatives and Senate (members and staff); and the US Federal Court System (including, but not limited to, the Supreme Court).”
The stunning implication of this passage is that NSA spying targets not only ordinary American citizens, but also Supreme Court justices, members of Congress and the White House itself. One could hardly ask for a more naked exposure of a police state.
http://www.wsws.org/en/articles/2013/09/13/surv-s13.html
They could discover a "A Right...To Fight... To Party!" tho.
If it's chaos the regime wants...give them chaos. "Free form violence" does have repurcussions.
When Hitler and his "SS" went after the leadership of the SA and Hans Roen he personally stood watch as they were executed. When they saw Hitler they were all saying "Heil Hitler" before they were gunned down.
That had to sound rather incongruous to "The Fuhrer" no?
Certainly to the men doing the shooting.
"Once the war in the East turned"...
Hans Roen? Perhaps you're referring to Ernst Rohm.
Well I would like to be excited, but that sort of is their job.
And cops will still go through your phone, they just cannot use that as primary evidence. They will merely work backwards like they do with NSA data.
It is a decent feeling that it was unanimous though.
pods
Good luck unlocking my Blackberry without my code.
connect usb interface, download data, decrypt, read and enjoy
Same. Really thought it was great until I read this article. . . Oh right, NSA, I forgot about them.
You would think that an attorney who studied constitutional law would already know this.
/s
Oh...that's what it means when they say he no longer "practices" law
NSA has been feeding the DEA, TSA, FBI and others with raw data "hints" about your crimes. That is how the DEA really found out about you, through a friendly handshake from the NSA. Once the locals with boots on the ground know about you the rest is easy. This won't stop...
British called you a terrorist too...back in the day!
Yup!Just google "fusion centers" coming to a neighborhood near you!
You're talking about the DEA's "Special Operation's Division," where everything is classified and they get "anonaymous" tips from the NSA. It is a fact that the NSA is being used for domestic law enforcement, and cases have been dropped because of this when the fact that the NSA was involved came out. The only question is how much they can realisticallty analyze. My guess is less than they would like us to believe.
haha, the supreme court... keep thinking this is a success. the entire supreme court is tapped by the nsa and kept track of by a judicial 'engineering' program run by a government contractor, that operates like cobra in the gi joe cartoon http://www.mitre.org/centers/judiciary-engineering-and-modernization-cen... stingrays, nsa tapping , etc....the supreme court is not your ally.
the judicial branch it is the most feckless corrupt of all three branches, and that is saying something
the supreme court has made itself a joke.
But roadside anal probing strip searches are still ok, right?
I hope so. Beats paying for it at the bus station.
lol
the presumption is that your ass is a public access location.
Roadside anal probing strip searches? Shit, in Deming or on the border they take you to the hospital to be thorough.
I love how Tyler cuts to the chase...
"...the Supreme Court gave the NSA monopoly rights to electronic data."
Thank god. All the pictures of me doing unspeakeable things to my blow-up Hillary doll are now safe.
Your comment about blowing up Hillary is duly noted citizen. Remain where you are we will send somebody along shortly to escort you to a your new accommodations at FEMA camp six.
Have a Nice Day,
Your Friends at the NSA
he won't mind as long as he gets to take hillary
Damn, that's truly sick. Perhaps you really do need to be dealt with.
sorry, the NoSexualActivity group has nothing to do but watch you with your hillary doll.
Warrant schmarrant...
http://en.wikipedia.org/wiki/Stingray_phone_tracker
http://en.wikipedia.org/wiki/Parallel_construction
"information contained in modern handheld hand-held is constitutionally protected."
NO, IT ISN'T. MORON.....
NSA Look at it without permission!!!!!!!!!!!!!
Like the Wall Street Warlocks who get away with stealing the life savings of little old ladies (Jon Corzine, etc.) there is a world of difference between a law and enforcement of a law.
Better yet, get rid of your cell/smart phone. NO ONE should have 24 hour access to you. Got rid of mine about 4 years ago... very liberating.
Like getting rid of the TV.
Ditto...ditched my phone last year. If I am not at my computer..desktop...that means I am unavailable.
The sad irony is that people will PAY TELECOM CORPORATIONS to sell the data to the NSA. Then they PAY TAXES to the Government so that the Government can violate their Civil Rights.
Then, in HYPOCRISY, they will complain about being abused here on Zerohedge about the Government Incursions. I do not have a Cell Phone, or, any phone.
STOP PAYING FOR IT. YOU DO NOT NEED IT. Dump all Telecom Stocks today. Financial Support is SUPPORT!!! Stop supporting it. Principles before profits.
If you "need" a phone to get money then limit your finances, go without money, and stop spending money. This stops TAX REVENUES DUE TO THE GOVERNMENT and the CORPORATIONS. OPT OUT.
It is a sacrifice. But you are sacrificing your freedoms in order to have the "convenices". Stop sacrificing your Liberty you fucking stupid slaves.
But most of you will not. Profits and "making a living" are more important than any principles which you may have. That is the reason why that you are enslaved and you deserve your impoverishment. Most are also whores to Mommy Government and will sell their soul for some fleeting comforts.
So go ahead and downarrow this as it will not change the truth.
I got rid of tv four years ago. Life is fuller without it. So, Perhaps you're right about getting rid of my cell phone.
My cell bill is five times my home bill, too -- another benefit.
Slowly tuning out.
Next, build a wall around my house.
got rid of mine 18 months ago, reactivated home phone.
Why are people putting their entire lives on these stupid things? They have their bank account info, phone numbers, pictures, you name it. Then they lose them...
It's kinda like putting an address tag on your house keys.
nothingburger
Here are a few more less "good for us" recent supreme court rulings:
Police officers can use lethal force in car chases without fear of lawsuits. Plumhoff v. Rickard (2014)
Police officers can stop cars based only on “anonymous” tips. Navarette v. California (2014)
Secret Service agents are not accountable for their actions, as long as they’re done in the name of security. In Wood v. Moss (2014)
Citizens only have a right to remain silent if they assert it. Salinas v. Texas (2013)
Police have free reign to use drug-sniffing dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside. Florida v. Harris (2013)
Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. Maryland v. King (2013)
Police can stop, search, question and profile citizens and non-citizens alike. Arizona v. United States (2012)
Police can subject Americans to virtual strip searches, no matter the “offense.” Florence v. Burlington (2012)
Immunity protections for Secret Service agents trump the free speech rights of Americans. Reichle v. Howards (2012)
Police can break into homes without a warrant, even if it’s the wrong home. Kentucky v. King (2011)
Police can interrogate minors without their parents present. Camreta v. Greene (2011)
It’s a crime to not identify yourself when a policeman asks your name. In Hiibel v. Sixth Judicial District Court of the State of Nevada (2004)
Legally owning a firearm is enough to justify a no-knock raid by police. Justices refused to hear Quinn v. Texas (2014)
The military can arrest and detain American citizens. In refusing to hear Hedges v. Obama (2014)
Students can be subjected to random lockdowns and mass searches at school. The Court refused to hear Burlison v. Springfield Public Schools (2013)
Police officers who don’t know their actions violate the law aren’t guilty of breaking the law. The Supreme Court let stand a Ninth Circuit Court of Appeals decision in Brooks v. City of Seattle (2012)
Welcome to the New Amerika fuckers.
Your average 12 year old with a copy of the constitution sitting in front of him could come up with better decisions. What a joke, except it's not funny.
"We are all born ignorant, but we must work hard to remain stupid." Benjamin Franklin
And by that measure, Americans work very very very hard.
Salinas v. Texas is possibly the stupidist decision the Supreme Court has ever made. To think that a person doesn't have a Constitutional assured right unless he says he is invoking the right is beyond belief.
You have the right to remain silent...as long as you speak up and ask for it.
Sounds about right coming from the Supreme Court.
well done
http://www.informationclearinghouse.info/article38917.htm
Police, No.
NSA, yes.
The supreme court is a joke.
wait a minute, aren't these the same robe guys who say you can hold someone in prison forever without proving anything if you call them a magic word?
the same robe guys who dismiss lawsuits even when the government admits they aren't the special word just sheep lovin guys they kidnapped and tortured by mistake
the same robe guys who still say its ok when they tap into attorney client phone calls when one of the callers is the special word
oh fuck it, you get the idea...
Warrants? We don't need no steenking warrants!
Cop: "Hey, your honor...uh Bob sorry to wake you but I need a warrant for a supected terrorist's cell phone that I found outside taco bell."
Judge: "No prob Joe, Done".
ot: no fly list ruled unconstitutional
https://news.yahoo.com/u-federal-judge-rules-no-fly-list-violates-183546...
once your name is on that list, it's damn near fuckin impossible to get it off.
"unconstitutional"? Like they give a fuck?
Well it was a pretty bold ruling for a federal judge. You probably wouldn't get the same out of this assclown:
https://en.wikipedia.org/wiki/David_Jeremiah_Barron
https://www.aclu.org/sites/default/files/assets/2014-06-23_barron-memora...
Free Edward Snowden!
ok now I can sleep at night knowing the SCOTUS secures my 4th amendment rights
/sarc
So, who's going to enforce the law?
Can I call the NSA for their copy of a file I accidently lost? Don't they have a genius bar or 800 number for this?
Police will do whatever they want in the field, up to and including shooting you and justifying it later.
Have you been watching trigger happy cop videos again? Perhaps some steroids were involved.
Fuck the gun and badge thugs and all the rest of the DC US.
So what?
The cops can seize anything, hold it for years as "evidence", and often never give it back.
I haven't met a cop in more than a decade that wasn't a piece of total Nazi shit. Wasn't always this way.
Sign of the times.
Just a quick reality check for us all to remember: our goobmint at all levels is full of absolute pussies and they all know it.
They are in the game for the money.
Pussies,the whole lot.
this is the other 40 supreme court rulings in favor of the police state. this ruling on cell phones is bullshit as it does not apply to federal government or NSA. so makes no difference. they are recording your shit anyways...
http://www.informationclearinghouse.info/article38917.htm