Re: California opts out of 4th Amendment

[Larry Seltzer <larry () larryseltzer com>]

If you're carrying a briefcase with some papers in it can they read the
papers? It's the same thing.

LJS

-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On
Behalf Of Paul Ferguson
Sent: Thursday, January 06, 2011 2:41 AM
To: rMslade () shaw ca
Cc: funsec () linuxbox org
Subject: Re: [funsec] California opts out of 4th Amendment

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On Wed, Jan 5, 2011 at 12:15 PM, Rob, grandpa of Ryan, Trevor, Devon &
Hannah <rMslade () shaw ca> wrote:

> California: *All* data on *all* devices you carry is subject to
> warrantless search
>
> http://bit.ly/ep9OUC+
>
> "On Monday, the California Supreme Court ruled that police in that state
> can search the contents of an arrested person's cell phone.
>
> "Citing U.S. Supreme Court precedents, the ruling contends that The loss
> of privacy upon arrest extends beyond the arrestee's body to include
> 'personal property ... immediately associated with the person of the
> arrestee' at the time of arrest."

Actually, it is a reasonable judgment -- and I'm saying that as a
libertarian-leaning left-wing liberal. :-)

When arrested, law enforcement already has the privilege -- under the law
- -- to inspect all personal belongings on the suspect in the normal
course
of the investigation. Searching a digital device is a natural extension of
this privilege.

having said that, there is a huge difference in obtaining that data in the
course of an arrest, and whether that data should be held if charges are
dropped or the suspect is vindicated, etc.

I suspect that legal challenges to certain facets of these scenarios will
be forthcoming.

- - ferg

p.s. And there is nothing "common" about California, I assure you. :-)

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--
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawgster(at)gmail.com
 ferg's tech blog: http://fergdawg.blogspot.com/

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