Crime

Police Are Increasingly Engaging in Warrantless Cell Phone Searches

Picture this: You’re arrested unexpectedly (after all, who really expects to get arrested). Following your detainment, police begin shuffling through your phone, checking your contacts, reading your e-mails and listening to private voice mails — all without your permission and without a warrant. While this scenario may seem unlikely, CNN’s Amy Gahran claims that warrantless cell phone searches are becoming more common in some states across the nation.

While some may argue that this really isn’t a big deal (if you have nothing to hide, the police won’t have anything to find), there are obvious privacy concerns at play. If the police need a warrant to search your home, some wonder why they wouldn’t need one to shuffle through your phone. Currently, the laws differ state by state:

In California, it is legal for police to search an arrestee’s cell phone without a warrant — ever since a January decision by the California Supreme Court.

California civil rights advocates are pushing back. The Electronic Frontier Foundation is supporting California Assembly Bill SB 914, which would require police in that state to get a warrant before searching an arrestee’s cell phone…

Meanwhile, in Florida, an appellate court decision upheld warrantless cell phone searches, defining the phone as a kind of “container.” This case may be considered by the Florida Supreme Court.

A similar Georgia appellate court decision upheld a warrantless search of a cell phone found in an arrestee’s car (not on her person).

In contrast, the Ohio Supreme Court has barred warrantless cell phone searches.

This issue is one of many that showcases how the law can sometimes trail behind the creation and evolution of various technologies. As smart phones have developed and become more multipurpose devices, they now hold the potential to be more damaging to suspects. As Gahran points out:

The pattern appears to be that around the U.S., some state and local police officers are taking the initiative to search arrestees’ cell phones. In some cases this yields information relevant to the alleged crime, which has contributed to indictments and convictions.

The ACLU claims that some police are using a “snooping device” that enables them to actually download information from a suspect’s cell phone. The Blaze’s Jonathon Seidl covered these “extraction devices” back in April. Watch below for more information on this controversial technology:

What do you think? Should police have the right to search someone’s cellular phone or should they be require to obtain a warrant to do so?

Comments (89)

1 2
  • roostercogburn
    Posted on May 31, 2011 at 6:40pm

    Can anyone say “identity theft” there have all ready been some major problems with the “police officers” playing with these “devices”, I have seen 2 types of these devices, one sends the information back to the station in the open (unencrypted) and the others store the information and download it for future use at the end of the shift, they are downloading everything out of the cell phones even for normal traffic stops, even when they don’t see a cell phone they demand the occupants of the vehicle produce their cell phones so they can download the information.
    When the democrats and rino’s tell you there is nothing in the budgets to cut just call them LIARS, that is what they are, there is so much crap like this going on that should be eliminated.

    Report Post » roostercogburn  
  • the_ancient
    Posted on May 31, 2011 at 6:28pm

    But I agree with everything else, And further never give the police permission to search you or your car, if they had cause for the search they would not ask for permission

    Report Post » the_ancient  
  • lketchum
    Posted on May 31, 2011 at 6:05pm

    Never ever, ever, ever speak to the police, or authorities. Always reply: “I wish to assert my right to remain silent”

    Say nothing else. Not. One. Word.

    Any good cop will respect that you respect the Constitution.

    I keep a piece of paper in my car with my registration, proof of insurance and driver’s license. On the paper I have specific information – facts, address, etc… and the name and mobile phone number of my lawer with the message: “I mean no disrespect; however, at the direction of my counsel, I have been instructed not to speak to any law enforcement officer and I do wish to exercise my right to remain silent. I do not agree to any search of either my person, my car, or my property. If this memo does not provide sufficient information to assist you, please contact my lawyer at the number listed below. Thank you”

    As I said, any good cop will respect you and the Constitution. If he does not, he should not be wearing a badge in the first place.

    Report Post » lketchum  
    • the_ancient
      Posted on May 31, 2011 at 6:27pm

      No Cop will “respect” that, they instantly go in to “Well if you need a lawyer then your must be guilty” mode and harass you and try to get you to talk.

      The police do not respect any citizen, it is their job to control you, you are their subject.

      Report Post » the_ancient  
    • roostercogburn
      Posted on May 31, 2011 at 6:49pm

      Good luck with that, see what you get. Ever notice how they seem to go out of their way to screw with normal people who work for a living, you are the one who has nothing to loose, you have to be at work, you will just pay the fine, the clown on probation and welfare won’t pay any fines, doesn’t care if they send him back to the workhouse, all of this is meant to control the normal main stream people.

      Report Post » roostercogburn  
  • Spiritk9
    Posted on May 31, 2011 at 5:58pm

    If they ask, you say NO. If they take it anyway, sue the shyte out of them.

    Report Post »  
  • Captain Crunch
    Posted on May 31, 2011 at 5:15pm

    Warrentless cell phone searches are unconstitutional. That is the same thing as being questioned and incriminating yourself without benefit of counsel.

    Never, never, never talk to the police! Many criminal lawyers and ex-prosecutors will tell you the same thing. Investigative discovery can get you a criminal charge even if you have done nothing. The concept of willingly talking because you have nothing to hide is very unwise. It is their job to try to link you to some crime. You may even be thinking you can be of some help. Next thing you know you are on your way to jail. Your naiviety will be used against you if you say the wrong thing. The best bet is to keep your mouth shut. With all due respect to any of you law enforcement folks reading this, you know what I’m saying is correct. Remain silent until a good lawyer is with you, reguardless of what they say to try to win your confidence.

    Report Post »  
    • DVPFLA
      Posted on May 31, 2011 at 5:36pm

      I will second your advice. I would also add never talk to law enforcement with out a video recording device present and working. If I am going to get hung on my words so be it, I made the decision to talk to law enforcement fully informed by a competent criminal defense lawyer, but I want to make sure what I said and what was asked is there for others to see. Things can be misunderstood and taken out of context can cause you alot of pain and put your freedom in peril.

      Law enforcement officers wonder why there is a saying, if it is not on video, if there is no DNA , the CSI affect, etc, there will be no conviction. Law enforcement officers have brought this on themselves. To many officers feel it is them against the public and live in the bubble where the only friends they have is each other.

      Oh yeah you may want to slow down and observe all traffic laws while gas is so high. Writing tickets goes up to help raise money for the city/county/state. Just a reality.

      Report Post »  
  • freedom4ever
    Posted on May 31, 2011 at 4:53pm

    excuse me but what country do we live in??? seemed to have forgot since all this crap is going on! too bad cell phones don’t come with a zapper you can only open it with the correct password – love to see that app!!!

    Report Post »  
  • KickinBack
    Posted on May 31, 2011 at 4:52pm

    Just said it earlier today, and I’ll say it again. Because I can. I ain’t gots no fone, so it ain’t not my problem.

    Report Post » KickinBack  
    • Steelhead
      Posted on May 31, 2011 at 4:57pm

      you know that they see every word you write and have your e-mail address because you post here at the laze B. They are watching even you

      Report Post » Steelhead  
    • Captain Crunch
      Posted on May 31, 2011 at 5:22pm

      @Steelhead

      Too late.
      I love my government.
      I love my government.
      I love my government.
      Just getting ready for the FEMA reeducation camp.

      Report Post »  
  • stinkybisquit
    Posted on May 31, 2011 at 4:50pm

    BRING IT ON! I’ll bore them into submission with cutesy text messages which my wife refuses to read to the dog.

    Report Post »  
  • jim
    Posted on May 31, 2011 at 4:50pm

    And… and… and… I heard that the NSA has satellite data that can track O.J.’s movement from space, proving he killed Nicole!

    Report Post » jim  
  • lmy6545
    Posted on May 31, 2011 at 4:47pm

    i could just imagine if they tapped mine. all the nonsense. i’d put em to sleep.

    Report Post »  
  • nomercy63
    Posted on May 31, 2011 at 4:45pm

    Surrender your freedoms for security and in the end you will have neither!! Hows that Patriot Act working for you? They used your fear to tke away your freedoms! Look at the way people acted after Bin Laden Died they never even question anything as long as it made the mob happy, you lost everything unless you stand up and start saying no more in my name. You have nothing to fear but fear itself!

    Report Post »  
  • MightyMouth
    Posted on May 31, 2011 at 4:38pm

    Ok so the cops are eating donuts in a van giggling like 8th graders about racey cell phone calls. So what else is new?

    Report Post » MightyMouth  
  • fitsgibbons
    Posted on May 31, 2011 at 4:29pm

    It’s also a good way to keep track of what your children are doing.

    Report Post »  
  • Countrygirl1362
    Posted on May 31, 2011 at 4:28pm

    I believe that warrant-less searches are wrong and against the constitution and that our government is going out of its way to create a communist regiem. They would find nothing on my cell phone. I don’t text or use it as computer. More have it for emergencies on the road or out in the yard where it is not practical to keep a land line.

    Report Post »  
  • Doc_Slammin
    Posted on May 31, 2011 at 4:24pm

    What did people expect to happen when law enforcement is instructed to stop people from texting and driving?

    You want another nice federal invasion of privacy story?

    http://theindependentrant.blogspot.com/2011/05/american-community-survey.html

    I don’t even need a cell phone to have my 4th Amendment rights violated by the federal government.

    Report Post » Doc_Slammin  
  • the_ancient
    Posted on May 31, 2011 at 4:24pm

    I am soooooooooo tired of hearing “If you have done nothing wrong you have nothing to hide”

    Like the Police are 100% correct, never twist facts to fit their narrative, never get this wrong…

    The shear number of wrongful convictions should prove that innocent people SHOULD fear the police.

    and take my advice the ABSOLUTE WORST THING a truly innocent person can do is cooperate with the police.

    Report Post » the_ancient  
    • tarbush
      Posted on May 31, 2011 at 5:28pm

      There are millions that had nothing to hide that died at the hands of Stalin and his henchmen. How many Jews, homosexuals, and disabled people had nothing to hide but were executed by the national socialists? I am certain that most of the skulls piled up by the camer rouge belonged to individuals that had nothing to hide.

      Report Post »  
  • Eliasim
    Posted on May 31, 2011 at 4:22pm

    All these things are merely a symptom of the much, much larger issues. More than Likely the United States will not exist even 20 years from now.

    Report Post »  
  • Eliasim
    Posted on May 31, 2011 at 4:19pm

    Well, these are the actions of many societies all through the history of men, right before that society falls apart. So at least it won’t happen for too long of a time.

    Report Post »  
    • Eliasim
      Posted on May 31, 2011 at 4:26pm

      Look at it this way: they can only confiscate all your wealth once. After that people shutdown and quit producing, and everyone ends up in the dark ages.

      Report Post »  
  • olderjarhead
    Posted on May 31, 2011 at 4:10pm

    Warrant-less cell phone searches, no knock warrants, sneak and peek break-ins by the government, illegal searches by TSA, illegal car searches by intimidation, fines for trimming your trees, fines for not cutting your lawn, watering too much, or too little, restrictions on flying your flag, saying a prayer at graduation, the inability for law abiding citizens to bear arms to defend themselves, red light camera’s, blah, blah, blah, blah, blah. And the machine just keeps rolling. Land of the free? What a joke!

    Report Post »  
    • let us prey
      Posted on May 31, 2011 at 4:23pm

      And the machine is still idiling, wait until the rpm’s increase. It is a scary future.

      Report Post » let us prey  
  • Baikonur
    Posted on May 31, 2011 at 4:08pm

    I think Glenn’s greatest strength is in publishing stories like this. His roots are libertarian, and he should go with this strength.

    Re/this story–I absolutely agree that police powers and abuses are expanding and must be checked.

    Report Post » Baikonur  
  • kickagrandma
    Posted on May 31, 2011 at 4:07pm

    Get after it, policemen and women.. just so you are monitoring the comings and going in OUR HOUSE, the PEOPLES’ HOUSE in Washington, D.C. That’s your house, too, in case you all have forgotten whose house it really is! Might surprise you all the drugs coming and going out of there and all the nefarious dealing and shenanigans and plans to overthrow this country.

    Be good to know you all are on OUR side, AMERICA’s side.

    Report Post »  
    • BetterDays
      Posted on May 31, 2011 at 4:17pm

      @kickaGrandma
      Hi gma!
      Sadly the police forces of today have become Federalized, that is to say they are receiving training in how to suppress us. I know a few officers who have quit because of this federalization, to a person they say it is not good.
      Pray Gma, that’s our best weapon now.

      Report Post »  
    • adouglass1
      Posted on May 31, 2011 at 4:49pm

      @ Betterdays
      your own weapons help as well.

      Report Post » adouglass1  
  • SingerGuy
    Posted on May 31, 2011 at 4:06pm

    I’d love a way to encrypt the data on my cell phone so that without a password the information is unreadable. PGP, are you listening?

    Report Post » SingerGuy  
    • the_ancient
      Posted on May 31, 2011 at 4:34pm

      Android based phone can have some level of data encryptions, Some even have the ability to encrypt the default contacts app, but you can get 3rd party software that does if your default does not.

      But you will ever be able to encrypt call, messages or texts because those are stored on the cell providers servers and a copy is downloaded to your phone, even after you delete a message it is still stored on the server for 30-90days (in rare cases 180days).

      Report Post » the_ancient  
  • Okie from Muskogee
    Posted on May 31, 2011 at 4:05pm

    No warrant, no search! Abuse of powers…..

    Report Post » Okie from Muskogee  
  • I.Gaspar
    Posted on May 31, 2011 at 4:05pm

    each day brings less freedom.
    There’s no guarantee that a new face in the white house will change that…but it‘s guaranteed to get worse if we don’t vote them out.

    Report Post »  
    • Snowleopard {gallery of cat folks}
      Posted on May 31, 2011 at 4:31pm

      Understood clearly.

      Report Post » Snowleopard {gallery of cat folks}  
    • Mike Westfall No Hiding
      Posted on May 31, 2011 at 4:38pm

      If Romney or Huntsman is elected as the RINO candidate, I will officially file a protest vote to a viable third party candidate and then if not vote a write in candidate. I‘d rather know the devil I know than the one I don’t.

      Report Post » Mike Westfall No Hiding  
    • LetUsReason
      Posted on May 31, 2011 at 6:01pm

      @ MIKE

      How is Gingrich not a RINO or Pawlenty or Giuliani?

      Report Post »  
    • Mike Westfall No Hiding
      Posted on June 1, 2011 at 1:01pm

      @letusreason

      Agreed on Gingrich and Giuliani. I just don’t see them as having a chance. If there are other RINO’s lites like Christie (check his record carefully) I still may do the same. I’m open a bit to Pawlenty. I think there is a chance he may have gotten converted to a real conservative. I just don’t know.

      Report Post » Mike Westfall No Hiding  
  • tomloy
    Posted on May 31, 2011 at 4:02pm

    I am glad I don’t have a cellphone. Nothing to track and nothing to look at!

    Report Post »  
    • Atheist
      Posted on May 31, 2011 at 4:13pm

      There are ways to encrypt your data, but I’m sure the Government can break through it. This is kinda depressing. While Bush and his ilk pushed this through in the first place, Obama has done nothing to stop it.

      Just get a warrant, we‘ll give you three days AFTER you’ve done the wiretapping to get it.

      The Atheist

      Report Post » Atheist  
    • Obama Snake Oil Co
      Posted on May 31, 2011 at 4:15pm

      And the devices can find deleted text messages as well. Why? A lot of accidents are attributed to cell phone use for texting. All they do, hook up the device to a dead or injured persons cell phone to see if they were texting or talking while driving…..

      Report Post » Obama Snake Oil Co  
    • the_ancient
      Posted on May 31, 2011 at 4:21pm

      There are rumors in some circles that the NSA has mater keys to decypt all data, but I am not sure that is true, but if anyone does it is in the NSA, however even if they do I can say with 100% certinly they are not using it for normal crimes, and local leo’s would have zero access to it. if that was “in the wild” and any local police dept could do it you would have heard about it.

      So encryption is still a viable save guard for 99% of the people in the world

      Report Post » the_ancient  
    • SavingtheRepublic.com
      Posted on May 31, 2011 at 4:26pm

      ^____^____^
      So much for the 4th Amendment… how many rights do we still have from the Bill of Rights that these monsters are working diligently to destroy?

      Report Post » SavingtheRepublic.com  
    • Snowleopard {gallery of cat folks}
      Posted on May 31, 2011 at 4:27pm

      What I am wondering anymore is if these events, the different law agencies, have started independently doing so or are they part of a top down, coordinated effort of the administration and the HSA and DOJ to cause more pressure on all of us; the constant push to collapse the system into their new structures they are establishing each day and for every event they can use to their advantage.

      We had a marine killed here in AZ a few days ago during a SWAT raid; and the files and warrents are now under court ordered seals. No one knows why the story keeps changing, and it seems though, that this may have been specific matter the admin will use to tighten us down even more.

      Report Post » Snowleopard {gallery of cat folks}  
    • mossbrain
      Posted on May 31, 2011 at 4:34pm

      You folks should pay attention to what Wi-Fi networks are online in your range before you go online and then check after you’ve been online for 10 minutes. See if there is a pattern of a Wi-Fi network tracking you, just sayin.

      Report Post » mossbrain  
    • Bloody Sam
      Posted on May 31, 2011 at 4:35pm

      “There are rumors in some circles that the NSA has mater keys to decypt all data, but I am not sure that is true…”

      It’s true. Read “Digital Fortress”.

      Report Post » Bloody Sam  
    • Mike Westfall No Hiding
      Posted on May 31, 2011 at 4:35pm

      @Tomloy,

      Not a bad idea.

      Report Post » Mike Westfall No Hiding  
    • My Sacred Honor
      Posted on May 31, 2011 at 4:36pm

      SavingtheRepublic.com
      Posted on May 31, 2011 at 4:26pm
      ^____^____^
      So much for the 4th Amendment… how many rights do we still have from the Bill of Rights that these monsters are working diligently to destroy?

      So far as I know, they still can’t make us quarter soldiers in our homes…
      Other than that…. well… you got me?

      Report Post » My Sacred Honor  
    • Anonymous T. Irrelevant
      Posted on May 31, 2011 at 4:37pm

      All I have are texts. Nothing to hide, but I still think they need a warrant. Slippery slope.

      Report Post » Anonymous T. Irrelevant  
    • tower7femacamp
      Posted on May 31, 2011 at 4:46pm

      put down the cell phones you will live longer
      http://www.infowars.com/who-lists-cell-phones-as-cancer-hazard/

      Report Post » tower7femacamp  
    • tower7femacamp
      Posted on May 31, 2011 at 4:55pm

      2012 Presidential candidate Ron Paul has warned that a lack of oversight from Congress, the media and the American people is enabling the rise of a dictatorship in the US.

      The Congressman issued the warning via his weekly Texas Straight Talk column, noting that in light of current attitudes within the executive and legislative branches, “it would be incredibly naive to think a dictator could not or would not wrest power in this country” at some point in the future.

      “Americans who are not alarmed by all of this are either not paying close attention, or are too trusting of current government officials to be concerned.” Paul writes,

      “Our Presidents can now, on their own: order assassinations, including American citizens; operate secret military tribunals; engage in torture; enforce indefinite imprisonment without due process; order searches and seizures without proper warrants, gutting the 4th Amendment; ignore the 60 day rule for reporting to the Congress the nature of any military operations as required by the War Power Resolution; continue the Patriot Act abuses without oversight; wage war at will; and treat all Americans as suspected terrorists at airports with TSA groping and nude x-rays. ” The Congressman urges.
      http://www.infowars.com/ron-paul-we-are-enabling-a-future-american-dictatorship/

      Report Post » tower7femacamp  
    • tower7femacamp
      Posted on May 31, 2011 at 5:01pm

      Far too often, debates about privacy and security begin with privacy proponents pointing to invasive government surveillance, such as GPS tracking, the National Security Agency surveillance program, data mining, and public video camera systems. Security proponents then chime in with a cadre of arguments about how these security measures are essential to law enforcement and national security. When the balancing is done, the security side often wins, and security measures go forward with little to no privacy protections.

      But the victory for security is one often achieved unfairly. The debate is being skewed by several flawed pro-security arguments. These arguments improperly tip the scales to the security side of the balance.

      just think, what if WTC tower 7 was really Demo’d

      Report Post » tower7femacamp  
    • American Soldier (Separated)
      Posted on May 31, 2011 at 5:33pm

      I refuse to repeat the mantra “if you don’t have anything to hide….” It’s horse crap. I have my rights to my privacy, as long as I’m not harming anyone else I cannot be deprived on such liberty. Not in the America I believe in and have fought for. I should be free to destroy myself through drugs or whatnot, as long as I keep it to myself. That is my choice, not yours. I don’t need you or big government to take care of me.

      Report Post » American Soldier (Separated)  
    • Ruler4You
      Posted on May 31, 2011 at 6:27pm

      It isn’t ONLY the police doing this. The list is L-O-N-G for your cell phone traffic. It’s BROADCAST over airwaves! H-E-L-L-O!?

      Anyone who listens to “air” can archive this info. Including? The U.S. government. And believe me; they R!

      Report Post » Ruler4You  
    • chazman
      Posted on May 31, 2011 at 6:55pm

      God loving, law abiding American Patriot’s, are being pushed too far, and law enforcement needs to take a stand: either yer with us, or agin us …

      Report Post »  
    • militiaman
      Posted on May 31, 2011 at 7:11pm

      First, I want to say that I’m against any over-reaching by the police, prosecutors, etc., but I want to add that there are many active and retired police officers and military who feel as strongly as most people on this forum do about abuse of power, especially police power. They won’t engage in it themselves nor will they condone it.

      One such group is the Oathkeepers, made up of retired and active police and military. They’ve sworn an oath to refuse to obey any orders that are not clearly defined by the Constitution of the United States, and they take their oath seriously. http://www.oathkeepers.com

      Another is Police and Military Against The New World Order, headed by Jack McLamb and is based in Kamiah, Idaho. http://www.jackmclamb.org/

      For anybody fed up to the point where he would prefer living in a covenant community, where everybody swears an oath to protect one another, and home schooling is part of their belief system, McLamb has just such a settlement in Kamiah. It is reportedly getting quite large right now.

      Report Post »  
    • My Sacred Honor
      Posted on May 31, 2011 at 8:05pm

      American Soldier (Separated)
      Posted on May 31, 2011 at 5:33pm
      I refuse to repeat the mantra “if you don’t have anything to hide….” It’s horse crap. I have my rights to my privacy, as long as I’m not harming anyone else I cannot be deprived on such liberty.

      Amen, brother. Just because I have “nothing to hide‘ doesn’t mean those in “authority’ have the right to search ANY aspect of my property or person without the 4th amendment applying. And if you “law enforcement” choose to try me, well, you better ByGod try VERY hard. I will have this case before the Supreme Court faster than you can say “My name is officer Friendly, and I need to apply for benifits.”
      IF you are that lucky.

      Report Post » My Sacred Honor  
    • My Sacred Honor
      Posted on May 31, 2011 at 8:10pm

      Look, people, you need to understand something. We have these stories shot at us almost daily now, the stories involving the TOTAL dismantlement of the 4th amendment. It has been happenning slowly in the past, with the Patriot Act, and is now snowballing under our feet as we sit a cry about it. If you feel your rights are being violated, then you should speak loudly against it, get a good, hungry Constitutional lawyer, and sue the BeJesus out of the agency guilty. Then take that case to the Supreme Court and FIGHT for YOUR 4th amendment rights, and win a victory for OUR rights!
      The time is RIGHT NOW, and we have no time left! You want to wait and hope for something in 2012? Well guess what. That is the path to suicide for America. We have to get involved NOW. MAKE them violate you and fight til you bleed to right this ship!

      Report Post » My Sacred Honor  
    • banjarmon
      Posted on May 31, 2011 at 11:47pm

      That phone that I don’t have, you can pry it from my dead fingers

      Report Post » banjarmon  
1 2

Sign In To Post Comments! Sign In

Sign Up For Our Newsletter!

Glenn Beck Radio

Listen to Glenn Beck 24/7 Listen Now
Restoring Love