CA Police OK to Search Electronic Data Devices Without Warrant

[Andara Bledin]

Warrantless cell phone search gets a green light in California

Quick synopsis: If you get arrested in California, any device on your person can legally be searched, including laptops and cell phones without a warrant.

Considering that you can be arrested for as frivolous a reason as mere failure to wear a seatbelt, this is a troubling development.

Adjustments to the laws to cover data privacy can't come too soon.

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[Rageaholic]

What happens if you refuse to let them search?

I mean, if it's just a routine traffic stop, do you really have to let them search your phone?

[Akasa]

A routine traffic stop is not an arrest.

[Mongo Skruddgemire]

Now that's an interesting case.

On one hand, as soon as you are arrested for a crime, as in handcuffed and dragged off to the police station to await arraignment, you are searched then and there before being tossed into the cruiser. This is both a protection for the officers and a search for evidence of criminal activity.

See it on Cops all the time. Someone gets arrested on suspicion of drug use or even pulled over for a traffic stop and the officer suspects impairment, they will arrest, handcuff, and then search the person and the vehicle.

So is it that much a stretch to search a cell phone or a laptop?

I'm not saying that I like it or support it, but if a person and their vehicle can be searched for needles, crack pipes, bags of weed or whatnot, all without a warrant at the time of arrest...what's the difference between that and looking for text messages that shows intent to purchase or to sell?

I'm not sure where I stand on this one. I'd have to see the full wording of the law and learn more of the intent behind it.

Tough one.

[Andara Bledin]

Something to note: Police need a warrant to read emails on a computer, even if they're already searching a house. I don't see that a cell phone or PDA should be any different.

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[lordlundar]

I'm not saying that I like it or support it, but if a person and their vehicle can be searched for needles, crack pipes, bags of weed or whatnot, all without a warrant at the time of arrest...what's the difference between that and looking for text messages that shows intent to purchase or to sell?

It's called threat assessment Mongo. When the police do a search for drugs or weapons, it's not to build evidence in the trial, although it will be applied to it. They are looking for anything which makes you an immediate threat to themselves or the general populace and if further measures need to be taken. The police for example cannot go to your home and search for drugs if you are arrested for a DUI unless they get a warrant for example. Same thing here. An electronic data device is not an immediate threat to the officers and/or the general populace, therefore in the past a warrant is needed for a search.

Another thing of note is that I don't see a limitation that the information must be related to the initial crime. So if you have some MP3's on a computer you're taking home, they can report you for piracy under the DMCA, whether or not you have those there legally. Anyone who has dealt with that mess can attest that the only real outcome in that incident is financial ruin.

[Crazedclerkthe2nd]

It's called threat assessment Mongo. When the police do a search for drugs or weapons, it's not to build evidence in the trial, although it will be applied to it. They are looking for anything which makes you an immediate threat to themselves or the general populace and if further measures need to be taken. The police for example cannot go to your home and search for drugs if you are arrested for a DUI unless they get a warrant for example. Same thing here. An electronic data device is not an immediate threat to the officers and/or the general populace, therefore in the past a warrant is needed for a search.

Another thing of note is that I don't see a limitation that the information must be related to the initial crime. So if you have some MP3's on a computer you're taking home, they can report you for piracy under the DMCA, whether or not you have those there legally. Anyone who has dealt with that mess can attest that the only real outcome in that incident is financial ruin.

What if the phone contains a text message like: "...and fuck that, if this deal gets screwed up, I'm gonna kill me some cops!" ?

[lordlundar]

What if the phone contains a text message like: "...and fuck that, if this deal gets screwed up, I'm gonna kill me some cops!" ?

Explain to me how that text message is an immediate threat, because to the best of my knowledge, all that is is a description for intent.

Let me clarify, when they are doing a threat assessment search, they are looking for items which, if the suspect gets loose, can go for quickly and use to threaten someone. Any drugs or other contraband items found are found as a result of the search, but are not the focus of the officers. A mounted lock box in a car also requires a warrant to search because there's no immediate threat. (it takes a bit of time to unlock it and it's not going anywhere)

So unless you can throw a cell phone at a lethal velocity, it is not considered a weapon by police, and the messages do not qualify either. (and before you ask, if said suspect lets slip that some pals are coming to fight them, then the police can check without a warrant)