Rath said:
Joelcool7 said:
I think if your carrying it on your person and it pertains to the case then a warrant should not be nescessary. Its essentially like searching someones pockets for buisness cards or a liscense, you don't require a warrant to search a man. In cases like drug dealings and pimps the data on that phone could save lives and liberate women and lead to the arrests of criminals.
Galaki points out Cell phones are becoming computers. The difference is you need a warrant to search someones house and their for computer. But if the guy is carrying the phone on him outside of his personal residence then it should be fully legal for a police officer to search the phone.
Under extrodenary circumstances it would be vital. Example someone was kidnapped and police nab a suspect. In their pat down they find a phone with the numbers of the other kidnappers on it, they can now trace the numbers and locate the kidnappers. Or what about a teenager picked up for posession or involved in an assualt, the kid gives a false name and tries to hide their identity, the police can check the phone call the parents and get the kid help.
I think if your carrying it on your person then legally a police officer has the right to search it just like a notebook, phone book, wallet. You don't need warrants to search those so why should you need a warrant to search a virtual version of those?
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A phone is not just a notebook, phonebook or wallet. It carries a huge amount more information.
In the situations you mentioned (the first one for sure) a warrant would be granted, so why is it vital?
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Warrants take time to grant sometimes days. In a case of a pimp being busted or a kidnapping the kidnappers or homies or what ever you call a pimps cronies would have time to move the women or kidnapped child to a different location.
I thought of another scenerio. What if someone is going to carry out a bombing or is suspected of terrorist activity. They get arrested, the phone could be the trigger device and it could carry information about the target of the attack and the accomplaces.
Again a warrant would be issued but not in time to prevent a terrorist attack.
