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by Revcb 07:14AM Monday Mar 12 2012

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Chesterfield, MO

Warrantless Search of Phone

The article mentions a cell phone is just another "container" and the law apparently references the legality of searching a suspect's "diary". So is this diary on their person or merely in the "area" of where they are arrested.

Regardless, what is a "diary" and what other "containers" are classified as a diary? The court believes the cell phone is the same. Is a briefcase? Notebook? Binder?

IMO -- all of it should be subject to a warrant before any of it's consumed. I don't care how much of a hassle this is for law enforcement. If you don't have enough information to charge a suspect until you consume the "containers", then how would you be able to prove to a judge that they are guilty. Arrest them, get a judge to OK a warrant and then conduct all manner of full cavity searches and "go deep".

I understand we want to get the bad guys but if we don't control the power of the good guys, they will be the bad guys. No matter how "just" people have been, we're all human and we all allow emotion to cloud our judgement and objectivity. That's why we have a lot of process around invading privacy and we shouldn't accept things that diminish those procedures.


Re: Warrantless Search of Phone

And of course serious criminals avoid cellphones, while mid-level criminals at least switch them frequently. The only people being tracked and searched without warrants are innocent people, the falsely accused, and unintentional or relatively harmless lawbreakers.

Torrance, CA

Would You Prefer an Apple Monopoly or an Amazon One?

I will take door #3 Monty.............................
Grayson Peddie

Tallahassee, FL

What about SMS service for 911?

I'm hearing impaired and I'd be glad to make use of SMS in case of emergencies. Plus, I don't have 911 setup in my Asterisk dialplan, which makes sense because I used to have my SIP phone in Altha, FL and Tallahassee, FL depending in where I live. I have never ever called 911 once in a lifetime. Ever.

What if FCC decides to impose 911 when I decide to do away with PSTN and just make VoIP to VoIP phone calls?
Phone: Yealink SIP-T22P + CSipSimple in Optimus V
Phone System: Asterisk 10.1; Server: Debian Sid+Exp

I'm in heaven with VoIP except for 3G wireless.

Caveat Emptor
United State
·TracFone Wireless

Well, yes ...

Century Link will make the same impassioned plea and phony threat to get the last cent from the sucker. - in every state it is in.. It has even gone so far as put a municipal broadband service that offered great speed at almost no cost. Good old Century replied the blazing fast city service with dismal speeds and hiked the price up 75% to compensate for this giant telcos trial costs.

It's shell game. If you want to win you need to find the pea under the walnut shell five out of five times.

Most states have weak men in state legislators who don't have the chutzpah to play strip poker with CenturyLink.If they did they would learn just exactly what they are dealing with. A poor, struggling phone company it ain't!
Mac: No windows, No Gates, Apple inside