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cell phone searches require warrant

schleprock63 (1451297) writes | more than 4 years ago

Cellphones 0

schleprock63 (1451297) writes "The Ohio state supreme court has decided that a cell phone found on a suspect cannot be searched without a warrant, http://www.nytimes.com/aponline/2009/12/15/us/AP-US-Cell-Phone-Searches.html. The majority has based this decision on a federal case which deemed that a cell phone is not a "closed container" and cannot be searched. The argument contended that a cell phone does not contain physical objects and therefore is not a container.

So, what about those C++ containers, like vectors, lists ... that I'm sure are part of the code base for the phone. One dissenting judge argued that a cell phone is a container that simply contains data. He argued that the other judges were ''needlessly theorizing" about the contents of a cell phone. He compared the data contained within an address book that would be search-able.

So, what do slash dotters think? Is a cell phone simply an address book? Is it merely a container? Or is it something more, like a laptop, which does require a warrant to search?

schleprock"

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