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: Fourth AmendmentCA3: Handing cell phone to LEO to open text messages was a waiver of expectation of privacy
By John Wesley Hall, Jr.
Full post as published by Fourth Amendment on February 25, 2012 (boomark / email).
Ohio Supreme Court rules warrantless cell phone searches violate Fourth Amendment
[JURIST] The Ohio Supreme Court ruled Tuesday that police must obtain a warrant before searching data stored in a cell phone, in the first ruling of its kind by a state high court. The court ruled 4-3 that a warrantless search of the contents of a suspect's cell phone violates the Fourth Amendment prohibition against unreasonable search and seizure unless the search is necessary to protect the officers' safety or there are other exigent circumstances: We hold that the warrantless search of data within a cell phone seized incident to a lawful arrest is prohibited by the Fourth Amendment when the search is unnecessary for the safety of law-enforcement officers and there are no exigent circumstances...
Text Messaging Privacy
Texting is omnipresent, and it's in the news quite a bit. Text messaging has become a huge part of people's lives, especially the under 30 set. How private it texting?According to various sources, here is some news: AT&T says it keep messages for up to 72 hours, Sprint PCS for two weeks, and Verizon says texts don't stay on the network for a long period...
Pop quiz: Reasonable expectation of privacy
Do you have a reasonable expectation of privacy in your car, which you left unlocked in the parking lot of your place of business? Would police require a warrant to open the doors to your car and look inside? Assume nothing in plain sight...
Supreme Court Still Apparently Unfamiliar With Texting and Call Waiting
Yesterday, the Supreme Court heard argument in City of Ontario v. Quon. The case is about whether a SWAT team sergeant in Ontario, Calif., had a reasonable expectation of privacy in text messages sent via a department-issued pager, despite a department policy stating pretty clearly that messages could be audited at any time...
Warrantless cell phone searches spread to more states
CNN.com: Think about all the data -- photos, videos, text messages, calendar items, apps, call log, voice mail, and e-mail -- on your cell phone right now. If you're arrested, could the police search your cell phone? And would they need a warrant? That depends on which state you're in.
Ninth Circuit Examines Employees' Expectation of Privacy in Text Messages
Source: Lexology, August 8, 2008.
California - Ninth Circuit examines employees? expectation of privacy in text messagesSkadden Arps Slate Meagher & Flom LLP"In an instructive case for employers, in Quon v...
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