Crime

Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops

In a case explicitly decided to set a precedent, the California Appellate court has determined police officers can rifle through your cellphone during a traffic violation stop.Calif. Appeals Court Approves Cell Phone Searches Without Warrant

This is not the first time such a law has been under scrutiny. In April, the Blaze told you about the extraction devices police were using in Michigan to download the entire contents of your phone.

Florida and Georgia are among the states that give no protection to a phone during a search after a violation has been committed. In particular, Florida law treats a smartphone as a “container” for the purposes of a search, similar to say a cardboard box open on the passenger seat, despite the thousands of personal emails, contacts, and photos a phone can carry stretching back years.

But after initially striking down cell phone snooping, California has now joined the list of states that allow cops to go through your phone without a warrant if they decide to impound your car.

It all began with a traffic stop, and a driver with some gun photos on his phone.

Here are the facts of California vs. Nattoli as presented by the newspaper.com.

On December 6, 2009 Reid Nottoli was pulled over for speeding by Santa Cruz County Deputy Sheriff Steven Ryan. Sheriff Ryan then suspected after pulling Nottoli over that the 25-year-old was under the influence of drugs.

As Nottoli’s license was also expired, the Sheriff decided to impound the vehicle. Nottoli requested to leave his car parked on the side of the road. Sheriff Ryan refused, and decided to conduct an “inventory” search prior to the towing.

Sheriff Ryan later testified that Nottoli was not driving erratically, nor was he arrested for driving under the influence. But the case took a turn that has brought up major privacy concerns when Sheriff Ryan searched Nottoli’s vehicle. The Deputy found:

“A fully legal Glock 20 pistol with a Guncrafter Industries 50 GI conversion that should have been stored in the trunk of the vehicle. He also noticed Nottoli’s Blackberry Curve which, after it was turned on, displayed a photograph of a mask-wearing man holding two AR-15 rifles akimbo.”

Apparently, the photo of the AR-15 rifles peaked the sheriff’s interest, and another deputy went through all the contents on Nattoli’s phone. It was not until later that Sheriff Ryan obtained a search warrant for it.

Based on the information from the Blackberry, the Santa Cruz County Sheriff’s Office SWAT team exercised a search warrant of the Natoli home ten days later. The SWAT team found and confiscated a cache of weapons, marijuana-growing paraphernalia, and $15,000 in cash.

Calif. Appeals Court Approves Cell Phone Searches Without Warrant

Cell phone data-extraction device

Nattoli‘s lawyers argued at trial that the Sheriff Deputy’s search through the cell phone was a violation of the 4th Amendment, and that all evidence found in the car should be excluded under “fruit of the poisoned tree” doctrine. The judge agreed and ordered the information suppressed at trial.

The appellate court overturned that ruling, however, on the grounds that the search of the cellphone was part of the inventory check needed to process an impounded car.

Furthermore, the judge ruled that the examination of the cell phone was legal because police were allowed to survey the impounded car for their own safety, and to preserve evidence.

This decision was released solely to create a precedent for future cases, as Nattoli died on September 4th. So the most important outcome of the case is the appellate court’s decision, written by Franklin Elia, which read in part:

“The deputies had unqualified authority under Gant to search the passenger compartment of the vehicle and any container found therein, including Reid’s cell phone. It is up to the US Supreme Court to impose any greater limits on officers’ authority to search incident to arrest.”

We may well see this case head to the Supreme Court, as it appears anytime you are pulled over in the state of California, your entire cell phone could now be fair game.

Comments (180)

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  • samskidd
    Posted on October 4, 2011 at 2:05pm

    i have nothing to hide in the vehicle or the phone, still it is an invasion of privacy to the one being searched and the contact’s names, numbers, and emails listed who did not “speed” and were never in the vehicle and have no part in crime.

    Report Post »  
    • DanWesson455
      Posted on October 4, 2011 at 2:12pm

      Here, want to see what is on my cell phone. Excuse the self portrait of my private parts. I like looking at myself. I could care less if they want to see my cell phone. I don’t own one! HAHAHAHA. too much tech makes my life sooo stressful.. I unplugged. I am now happy.

      Report Post » DanWesson455  
    • Down2TheC
      Posted on October 4, 2011 at 2:33pm

      Inventory… sure. One phone. Done! By that logic anything electronic in my car allows them to sift through the digital contents. Flash drive, laptop, PC, hard drive. Sounds like the smart phones need a new app. The “Wipe it now” app. Click a button and all content is uploaded off the phone and replaced with pics of “4th ammendment” text. All contacts replaced with the Founder’s info. (Hamilton, Alex – New York, NY)

      Report Post »  
    • LIBSALWAYSLIE
      Posted on October 4, 2011 at 2:42pm

      Typical for leftist progressive California.

      Report Post » LIBSALWAYSLIE  
    • Rajabear1
      Posted on October 4, 2011 at 3:53pm

      @Down2TheC-Awesome! I was thinking along that same line of wiping out the phone, but, boy, you sure did one up me. Smart, you should find some way to develop that app, it would be very popular AND—now don’t all you libs get mad at this—you could possibly get rich off of it! (-:

      Report Post »  
    • Halloween
      Posted on October 4, 2011 at 3:59pm

      DANWESSON 455— Poisson of child porn is illegal even if it is of yourself! LOL

      Report Post » Halloween  
    • tripl-e
      Posted on October 4, 2011 at 4:22pm

      I’m sorry to be so blunt but in this context, ‘I have nothing to hide so this doesn’t bother me….’ is perhaps the dumbest thing to be said. It is short sighted and very, very dangerous to think this way.

      It is within the lifetimes of our parents or maybe grandparents that governments deported people from their homelands and murdered them in great bleeding batches simply because of their ethnicity. People have been tortured, jailed and killed for nothing more than words they had once written in a newspaper, journal or diary. Today‘s freedom of speech is no more secure than Congress’ willingness to defend it and people’s lives depend on the definition of “sedition”. So a quick shift in the popular view of what is or is not seditious speech and a casual, off-hand email that you sent to your old college roommate last year combined with a speeding stop and, voila, you are a treasonous, potentially dangerous criminal who needs to be held for further interrogation.

      It is a shorter journey than most folks realize from freedom to servitude and these court decisions are just another step along the way. Once lost, liberty is never recovered without great upheaval. The camel’s nose is already under the tent, can we still get him out without having to kill him?

      Report Post »  
    • theonefromabove
      Posted on October 4, 2011 at 4:49pm

      I dont see a problem here.

      http://politicalbowl.com – Political Videos

      Report Post »  
    • the hawk
      Posted on October 4, 2011 at 5:00pm

      i would JUST SAY NO WAY ! AINT HAPPENING ! FUNKIN POLICE STATE !

      Report Post »  
    • rangerp
      Posted on October 4, 2011 at 5:32pm

      password protect it, then tell them good luck figuring it out.

      Report Post » rangerp  
    • kraphtsman
      Posted on October 4, 2011 at 6:25pm

      Big Brother/Sister just got bigger. This case should obviously go to the Supreme Court… but in the meantime, millions of law-abiding American citizens are subject to having their privacy invaded by over-reaching and out-of-control government agencies.

      Looks like a GREAT opportunity for some budding programmer out there to develop a smart-phone app that automatically ENCRYPTS all of a person’s private data/info by simply hitting a couple of user-defined buttons…. and displays a message of the phone owner’s choosing whenever an unauthorized attempt is made to access it.

      And if you want to make it even MORE secure… another script can be launched (at the owner’s choosing) that AUTOMATICALLY DELETES any data (flagged by the owner) if ANY unauthorized attempt is made to retrieve it .. (or, after a pre-defined lapse in time.)

      Personally, I will continue using my cheap (but very effective) “dumb” phone and avoid using ANY of these so-called “smart” phones. All my digital “stuff” is kept relatively safe/secure/private on my PC at home. This not only eliminates/reduces the chances of having my digital “stuff” stolen by the crooks and cops, it also protects/preserves it from the ravages of nature/physics and my OWN stupidity/clumsiness…….

      Report Post »  
    • Cynic-clinic
      Posted on October 4, 2011 at 9:32pm

      The cops in the case claimed that their collection of the contents of the car was to have an inventory of those items in the car. To further search the content of the phone found would require an additional search warrant since the inventory would have been satisfied by the mere inclusion of the phone in the inventory list.

      Remember that the 4th Amendment affords people the right to be SECURE (no intrusion) in their —” persons, houses, papers and effects–” and further requires proof of reasonable suspician and probable cause in the belief that a crime has been committed. This case fails all tests.

      Report Post »  
    • LibertariansUnite
      Posted on October 4, 2011 at 9:56pm

      Welcome to the Police State.

      Report Post » LibertariansUnite  
    • WeeDontNeedNoSteeeenkinBadges
      Posted on October 5, 2011 at 2:09am

      “Calif. Appeals Court Approves Cell Phone Searches During Traffic Stops”

      The missing word is UNWARRANTED.
      But that’s okay, as the U.S. Constitution doesn’t exist in the State Constitutions … isn’t that right?

      Report Post » WeeDontNeedNoSteeeenkinBadges  
    • seldomscene
      Posted on October 5, 2011 at 6:32pm

      Did anyone notice the court was not mentioned? (Think 9th circus)

      Report Post » seldomscene  
  • Anonymous T. Irrelevant
    Posted on October 4, 2011 at 2:00pm

    The Appellate Court was wrong in that a search of the phone was part of the inventory search. They didn’t need to look through his phone to inventory it. This will get shot down by the Supreme Court.

    Report Post » Anonymous T. Irrelevant  
    • rpp
      Posted on October 4, 2011 at 2:21pm

      I agree. I do not see how this could possibly stand. While a smartphone may be a “container”, it cannot contain anything that is an immediate physical threat. Therefore, to “inventory” the contents of a phone without the probable cause to justify a search warrant, is unconstitutional. Although I think there are many leftists in the judiciary who are unfamiliar with that term and the meaning behind it.

      Report Post » rpp  
    • AlmostaCowboy
      Posted on October 4, 2011 at 2:25pm

      I agree since the contents of the cell phone do not constitute physical property which can be inventoried and do not pose a threat to the officers or anyone else.
      I am not an attorney, but I did spend last night at a Holiday Inn Express! :-)

      Report Post » AlmostaCowboy  
    • oldoldtimer
      Posted on October 4, 2011 at 7:46pm

      Don’t rely on SOTUS. It is about to go liberal majority. Ginsburg is almost done and Obama will get to appoint another left wing liberal.

      Report Post »  
    • the hawk
      Posted on October 5, 2011 at 12:10am

      OLDOLDTIMER,
      bITE YOUR TOUNGE ! rEALLY ! dAMN i NEED tO get THIS CAPS BUTTON FIXED !

      Report Post »  
    • El Danimal
      Posted on October 6, 2011 at 8:57pm

      There’s a reason that Jefferson made his “tree of liberty” comment. Somehow we need to remind the tyrants that, yes, we really did mean it when we limited their powers over us.

      Report Post »  
  • Theleftisda
    Posted on October 4, 2011 at 2:00pm

    So if they are allowed to go thru your phone/what is stopping them from going thru a laptop ?

    Report Post » Theleftisda  
    • rpp
      Posted on October 4, 2011 at 2:22pm

      Excellent point!

      Report Post » rpp  
    • rockstone
      Posted on October 4, 2011 at 2:27pm

      Exactly.

      Report Post » rockstone  
    • CatB
      Posted on October 4, 2011 at 2:40pm

      Good question .. I would REALLY like to know the answer.

      Report Post »  
    • Welcome Black Carter
      Posted on October 4, 2011 at 2:40pm

      They are not allowed to ask immigration status but can download your phone with out a warrant… makes perfect sense to me.

      Report Post » Welcome Black Carter  
    • Brooke Lorren
      Posted on October 4, 2011 at 4:13pm

      That was my first thought… or an iPad, or any other electronic item.

      In a way, you could even say that this ruling violates the 4th amendment for people that aren’t even in the car. Suppose that my friend had a copy of an unpublished article or an email that I had written that included information that may be perfectly legal now, but could get me sent to a re-education camp if the most radical of the progressives get their way. Couldn‘t that evidence be used to go after someone that wasn’t even in the car at the time? Or someone that doesn’t even live in the states where that rule applies?

      Report Post »  
    • babylonvi
      Posted on October 4, 2011 at 4:20pm

      Nothing, in fact if you cross the boarder and return or fly into the US(of float it) customs has the right, according to the courts, the examine and or copy your hard drive(or anything else.

      Report Post » babylonvi  
  • GunSlingerTexas
    Posted on October 4, 2011 at 1:59pm

    Gant v. Arizona does not give police any reason to enter a cell phone for any stated above reason during this MV stop. The phone should have been inventoried as a phone,the contents of the phone have nothing to do with the MV stop and this is an illegal search. This case WILL be over turned and should be continued to be fought even if the man is dead, for the purpose of protecting the freedoms of the American people who travel in and near California. The police officers should be sued, the County should be sued and after being sued the County should be ineligible for any State and Federal Tax payer funded monies until the county raises the funds lost under the lawsuit are recovered by a county property tax. Punish the public institution and the people that allow it to be in place! I don’t need a self destruct button on my phone, the 2nd amendment will protect my freedom from tyrants to the end! On top of that, the guy was a dirt bag druggie and glad he got railroaded!

    Report Post » GunSlingerTexas  
    • aohawaii
      Posted on October 4, 2011 at 4:15pm

      What was his crime, exactly? Driving with an expired license…anything else? Not under the influence of anything. If he had been wearing a muslim head scarf would they have gotten a search warrant? Growing paraphenalia? Potting soil is growing paraphenalia. They did not find any drugs or illegal guns so then what?

      Report Post »  
  • rebelwuf
    Posted on October 4, 2011 at 1:59pm

    Fourth Amendment much?

    Report Post »  
  • SavingtheRepublic.com
    Posted on October 4, 2011 at 1:58pm

    ~^~v~~^~~v~^~
    Its progressives… this is what they do. They hate the Constitution and have demonstrated that time and again. People mock CA not realizing what goes for CA so goes the rest of the country! For the progressives running this country CA a laboratory an experiment to see what they can get away with and they are winning. If you say no to this you are in denial. http://SavingtheRepublic.com

    Report Post » SavingtheRepublic.com  
  • independentvoteril
    Posted on October 4, 2011 at 1:56pm

    So in CA if you have a cell phone and get stopped hope it’s a throwaway and get rid of it.. NICE..

    Report Post » independentvoteril  
    • jb.kibs
      Posted on October 4, 2011 at 2:05pm

      california… i thought hippies used to be against big brother? what the hell happened to those people?!

      Report Post »  
    • Witness1974
      Posted on October 4, 2011 at 2:14pm

      Yes, JB, Liberals (hippies) are always against power and authority of any kind until they get a little taste. There’s no Fascist like a liberal Fascist.

      Report Post »  
    • Welcome Black Carter
      Posted on October 4, 2011 at 2:42pm

      The market will respond with a self-destruct ap.

      Report Post » Welcome Black Carter  
  • ravinginfidel
    Posted on October 4, 2011 at 1:53pm

    This should spawn some new apps. Maybe a delete or encrypt everything on the phone when you see a cop, app. Maybe a replace everything on the phone with something benign and hide all my drug sales and contacts app. I could see government mandating that any such apps be reversible by the government. The electronic version of a Marauders Map. Mischief managed.

    Report Post »  
    • RedheadedStepchild
      Posted on October 4, 2011 at 3:32pm

      @Raving…
      So funny! Love it. Love the name. My husband has a shirt that has ‘infidel’ in Arabic with a small “Infidel” in English. It is is favorite T-shirt.
      It surprised me that Florida is one of those ‘phone is fair game’ states. I don‘t have anything ’incriminating’ but certainly private photos and conversations that I would rather a police not see. I don’t think that that cops are sitting around saying …hey, let’s pull that minivan over and rifle through that lady’s phone…” but still, not a cool feeling that my personal item is up for public consumption.

      Report Post »  
    • eagledown
      Posted on October 4, 2011 at 4:19pm

      The app already exists, I’ve had it on my phone for about 6 months. It’s called MyOutLook. If my phone is lost, I can: GPS locate, Send A Scream, Lock and finally totally erase all contents of my phone. It backs up so I’m not worried about it. You’d have to call a friend to do that for you if your incarcerated, like the dirt bag in this example; who I’m happy the caught. But, we are concerned about an over-reaching government. I mean, us law abiding citizens are freaking out, and must do what ever it takes to push back tyranny.

      Report Post » eagledown  
    • ravinginfidel
      Posted on October 4, 2011 at 4:40pm

      I have a red headed daughter in law and 3 red headed grandchildren.

      Report Post »  
  • grudgywoof
    Posted on October 4, 2011 at 1:53pm

    I work on cell phones and an electronics expert so I know of where I speak when I say you must take responsibility for your own security. Don’t take photos that you would not want to be spread on the internet period. I have seen things that were illegal on cell phones that I was clearing for remanufacture that would get someone years in prison and I have reported some of it (child porn). Don’t put personal information such as social security numbers or anything that could be used to defraud you. Don‘t say things on social networks that you don’t want everyone to know about because they will. We are becoming desensitised to the brain washing of our government and people just don’t think it will be them next. We need to act like it will be. NUDGE…..SHUVE…..BANG

    Report Post » grudgywoof  
    • Polwatcher
      Posted on October 4, 2011 at 2:03pm

      But they can’t ask if they are legal citizens without probable cause?

      Report Post »  
  • louise
    Posted on October 4, 2011 at 1:50pm

    You can thank the unconstitutional Patriot Act for opening the door to this kind of illegal search and seizure.

    Report Post » louise  
    • Mist3r11
      Posted on October 4, 2011 at 2:07pm

      If you have nothing to hide who cares. Although it is a bit exteme…

      Report Post » Mist3r11  
    • AlmostaCowboy
      Posted on October 4, 2011 at 2:27pm

      @mist3r11 – that’s not the point.

      Report Post » AlmostaCowboy  
    • BSdetector
      Posted on October 4, 2011 at 2:29pm

      Until someone like O dictates that it’s a crime to be conservative, or own guns, or any number of things no matter how unconstitutional and you happen to be/have/do that.

      Report Post » BSdetector  
    • Havok
      Posted on October 4, 2011 at 2:30pm

      Agreed, Louise.
      Mist3r11- That argument is ridiculous. The problem is that if you allow the governemnt to see everything that data can be manipulated for anything. Privacy is a key element against tyranny.
      When government gets to decide what is wrong and right, that is a HUGE problem.

      “Privacy is an inherent human right, and a requirement for maintaining the human condition with dignity and respect.”

      Report Post » Havok  
    • CHANGEyouCANstepIN
      Posted on October 4, 2011 at 3:09pm

      @mist3r11 its the people that say i have nothing to hide that get axed first. they dont take into account that the gvt is made up of people. and things can be manipulated.

      Report Post » CHANGEyouCANstepIN  
    • Jumper
      Posted on October 4, 2011 at 3:45pm

      @MIST3R11
      It’s about the rule of law and principle you idiot!!

      First they came for the communists,
      and I didn‘t speak out because I wasn’t a communist.

      Then they came for the trade unionists,
      and I didn‘t speak out because I wasn’t a trade unionist.

      Then they came for the Jews,
      and I didn‘t speak out because I wasn’t a Jew.

      Then they came for me
      and there was no one left to speak out for me.

      Martin Niemöller- about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group.

      Maybe you have heard this quote? THIS is the reason you should care!! Sooner or later it WILL be something you’ve done, wrong or not, do you want somebody to say “Well I didn’t do(whatever) it, so I don’t care” Then what?
      Priciples matter!!! The Constitution matters!!!

      Report Post »  
    • MaggieRose
      Posted on October 5, 2011 at 9:21am

      @ Jumper… exactly what I was thinking… once you read “Bonhoeffer” you are never the same…

      Report Post »  
  • sof32
    Posted on October 4, 2011 at 1:46pm

    What part of…”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” don’t they get??

    Report Post »  
    • motonutt
      Posted on October 4, 2011 at 2:03pm

      Yep….here we go again. A modern day cell phone is just a mini computer that you can carry around and talk on. I think the cop should have to turn over his phone and let‘s see what’s on that.
      It sucks it’s wrong but until it can be changed within the laws you are screwed at least in CA. That’s why I moved from there 20 years ago. That makes me wonder what the cop’s would do in the state that I live in now. In light of this people….DO NOT PUT ANYTHING ON YOUR PHONE OR COMPUTER THAT YOU DON’T WANT SOMEONE ELSE TO SEE. It’s not right, but for the time being protect yourself until something changes. Don’t get busted over some photos that you can really live without…protect yourself.

      Report Post » motonutt  
    • Jumper
      Posted on October 4, 2011 at 3:23pm

      Are you kidding? None of it! On purpose!

      Report Post »  
  • tangonine
    Posted on October 4, 2011 at 1:44pm

    dear Buck Sexton,

    It’s “piqued” not “peaked” his interest. Comm majors… /sigh

    Report Post »  
  • Brainmuffin
    Posted on October 4, 2011 at 1:43pm

    And people thought I was crazy in the 90‘s when the courts allowed Clinton’s goons to take money without a warrant.

    Report Post »  
  • scrapadapolis
    Posted on October 4, 2011 at 1:43pm

    Take my rights to privacy away…See the end of a .357 cop or not.I will kill you….

    Report Post » scrapadapolis  
    • ravinginfidel
      Posted on October 4, 2011 at 4:48pm

      My wife’s sister is a Sheriff in California. She is a very nice person with 2 dogs and 3 daughters. I would hope you would show a little restraint and save yourself and others who are just doing their job a lot of grief. Your issue is with Moonbeam Brown and his merry band of tax and spend progressives.

      Report Post »  
    • eagledown
      Posted on October 4, 2011 at 6:15pm

      Ya Dude, simmer down, I totally feel your anger, we just have weed out the bad ones. The Sheriffs are our last defense of an over-reaching Federal Government. They aren’t the enemy. We need all of them to review the Oaths they took to defend the Constitution. #2 (from the Declaration of We will NOT obey): orders to conduct warrantless searches of the American people. See the orders we will not obey” http://oathkeepers.org/oath/2009/03/03/declaration-of-orders-we-will-not-obey/ Again, I feel 90% of the Sheriffs will have your back if things get dicey.

      Report Post » eagledown  
    • ozz
      Posted on October 5, 2011 at 7:48am

      NO! The issue is also with a cop who violates their oath to uphold the constitution. When an officer of the law knowingly violates the constitution and violates their oath and public trust they are fair game.
      example……
      When they come for my guns it won’t be the politicians that get to collect them lead first.
      It will be several officers guilty of treason. They will be just as deserving for not refusing to enforce illegal tyrannical laws.

      Report Post » ozz  
    • Allen Raymond
      Posted on October 7, 2011 at 2:30pm

      I love the defense mind, “They are just doing their job”. Tell that to the guards at Auschwitz afte the war that were convicted of war crimes for “just doing their job.”

      There must be some form of common sense to that job.

      Then we hear “if I don’t do it they will fire me and just find someone else to do it.”

      We must stand together or we will fall alone.

      Report Post »  
  • RightUnite
    Posted on October 4, 2011 at 1:43pm

    That’s pretty funny!! California!! Hehehehe! I guess you reap what you sow!! Sucks to be you! NOT!! Too funny!!! California gets what they deserve!

    Report Post »  
    • cessna152
      Posted on October 4, 2011 at 1:46pm

      The hippies in CA are too high to realize their freedom is just about gone…

      Report Post » cessna152  
    • This_Individual
      Posted on October 4, 2011 at 3:17pm

      And you ignorant bafoons in those fly over states have no idea what you’re railing on about.

      Report Post »  
  • gmoneytx
    Posted on October 4, 2011 at 1:41pm

    strip away…just alittle more…pretty soon we’ll be down to the bone

    Report Post » gmoneytx  
  • COFemale
    Posted on October 4, 2011 at 1:36pm

    Yeah when was the last time a photo on a cell phone posed a threat to the officers? This is a blatant violation of search and seizure. Nudge, nudge, nudge. Before you know it, will be living the Minority Report in real life. Good thing the likelihood of me driving anytime soon in California is well ZILCH.

    If Californians don’t nip this in the bud now, they might as well give up and kiss freedom goodbye.

    Report Post » COFemale  
    • Snowleopard {gallery of cat folks}
      Posted on October 4, 2011 at 1:43pm

      Once again we see how much past nudge, nudge we are — now it is up to shove and next will be shoot…the progressives are moving openly and on the full offensive, soon the blood and steel in the streets will be flowing by the administration.

      Report Post » Snowleopard {gallery of cat folks}  
    • This_Individual
      Posted on October 4, 2011 at 1:46pm

      We’re working on doing plenty of “nipping”.

      Report Post »  
    • MidWestMom
      Posted on October 4, 2011 at 1:59pm

      @ snow
      Indeed they are. As I posted on another thread, they don’t have time to wait. Obama’s chances of re-election are slipping every day. Next will be a threat to “national security” likely in the form of several small engineered terrorist attacks happening almost simultaneously across the country caused by an “unknown enemy”. The government will say “we can’t fight them if we don’t know who they are”. Then the crackdown. Martial law under the guise of keeping the “country safe”. Obama & his handlers will stay in charge.

      Report Post »  
    • MaggieRose
      Posted on October 5, 2011 at 9:26am

      @ Snow… I’m afraid I agree with you… When you really take the blinders off and look at our beloved country there ain’t much left. How terribly sad to look BACK at our Freedom…

      Report Post »  
  • krjones
    Posted on October 4, 2011 at 1:36pm

    I just can’t believe how far we have fallen. Can this even be fixed anymore?

    Report Post »  
    • RichNGadsden
      Posted on October 4, 2011 at 2:19pm

      Only if the Supreme Court actually does it’s job. The way this is going under a left wing state and federal gov’t what is next? iPods, iPads, laptops, even old PDAs? As for the open box rule, that is capable of hiding a weapon that would endanger the police, they cannot just reach into a car a rifle through a notebook which is more like you cell phone than an open box. I was in law enforcement for virtually a life time and yeah, things like this would have made my job easier, but throwing out the entire Constitution would make it really easy. Where will this end?

      Report Post » RichNGadsden  
  • Chr1st14n
    Posted on October 4, 2011 at 1:33pm

    being a California resident this just makes me all warm inside…. wow

    Report Post » Chr1st14n  
    • Shasta
      Posted on October 4, 2011 at 1:38pm

      I too am from California and I share your pain.

      Report Post » Shasta  
    • That Guy
      Posted on October 4, 2011 at 5:07pm

      So, wait, let me get this straight. You can’t ask if someone weather they are here legally or not, but you can search my phone on a traffic stop???

      Report Post »  
  • drphil69
    Posted on October 4, 2011 at 1:31pm

    I guess we need self destructing phones to protect our privacy now! (This phone will now self destruct in 3…2….1….)

    Report Post »  
    • dpselfe
      Posted on October 4, 2011 at 1:42pm

      All you need is for some enterprising young engineer to come up with a “panic button” for any cell phone that “zaps” the memory with a short high-voltage burst. It ruins the phone, but if you have your contacts list uploaded to an online source, you just get a new phone, and the cops get a pretty paper weight.
      Could be as easy as having a tazer handy on the seat or in the center console.

      Report Post » dpselfe  
  • bikerr
    Posted on October 4, 2011 at 1:31pm

    By Fail I mean I hope the phones are off limits.

    Report Post »  
  • GardenoftheGods
    Posted on October 4, 2011 at 1:31pm

    I guess the Constitution really is dead in California…

    Report Post » GardenoftheGods  
  • bikerr
    Posted on October 4, 2011 at 1:31pm

    That’s California for ya.Hope it fails in the following court cases. How can a phone be considered dangerous to the officer?.

    Report Post »  
    • Shasta
      Posted on October 4, 2011 at 1:38pm

      It is easy to say it is just those loons in California, but it is everywhere and getting stronger. In order to gain the power they crave, they need to dissolve our freedoms. When Obummer was elected, all the different factions of the left realized that this is their time. With the prospect of OBonzo not being re-elected, they are expediting all of their plans. It is going to escalate, not just in California, not just in the US, but everywhere. We need to stick together and stand up to this.

      Report Post » Shasta  
    • This_Individual
      Posted on October 4, 2011 at 3:30pm

      SHASTA- They won’t get it. Everytime a story is posted about something in California, you will notice the typical one liners used over and over again, throwing us all into the same pile. I think it’s time that we do our own thing and let the rest of the country remain with their eyes closed to what is happening within their own state capitols.

      Report Post »  
  • Dustyluv
    Posted on October 4, 2011 at 1:29pm

    What do you expect with this Administration and ignorance of the Constitution? It’s only going to get worse. We will be a Banana republic/ Police State soon enough. Thank you for the Patriot Act Mr. Bush and your idiots in Congress.

    Report Post »  
  • JLGunner
    Posted on October 4, 2011 at 1:28pm

    Whatever happened to liberty?

    Report Post » JLGunner  
    • 13th Imam
      Posted on October 4, 2011 at 1:36pm

      Simple, if you want to grow pot, carry weapons(in an improper location), and anything else he was doing wrong, keep your car registered and don’t speed or drink and drive.

      Report Post » 13th Imam  
    • walkyrie
      Posted on October 4, 2011 at 1:50pm

      This decision rests on a series of what are referred to as “pretexts”. He was speeding so he was pulled over, he was under the influence so he was arrested and his car was to be towed, it appeared to be a case of illegal substances which automatically warrant car search, they found a weapon with modifications . . . . so, what if their was a locked attachee case? hmmmm. Even if they has a suspected drug kingpin, if he was obeying traffic laws and gave no pretexts, this wouldn’t have happened. The day they pull over a soccer mom for going 5mi over in a school zone, sieze her phone and find porn related to her high priced call girl ring – there will be a solid case and she’ll get off. Not this time. Ploice have been using the contents of cell phones nabbed in drug busts for years. No new news.

      Report Post »  
    • jay1975
      Posted on October 4, 2011 at 2:29pm

      “Sheriff Ryan later testified that Nottoli was not driving erratically, nor was he arrested for driving under the influence.”

      Report Post »  
    • walkyrie
      Posted on October 4, 2011 at 2:44pm

      OOooops, my bad! . . . guess their case is screwed then. Should be a no brainer. Guess that sheriff was fishing when they had Always -Keep -Your -Mouth -Shut class. Here’s one for Lady Liberty – plus we always need more guns, dope, illegal grow ops and the fools who carry all their info in their i-fone, don’t we?

      Report Post »  
    • inferno
      Posted on October 4, 2011 at 2:59pm

      Liberty has been slipping away since before FDR. Certain people are suddenly realizing they have been asleep. This started long before the patroit act. The only right to privacy that is upheld in our courts, falls within the relam of murdrering children in the womb. This fits the leftist tempelate. All
      other privacy issues can be considered to be, in hunters jargon, as “open season”.

      Report Post »  
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