Calif. Court: Cops Can Search Texts Without Warrant

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The California Supreme Court ruled Monday that police do not need a warrant to search a cell phone carried by someone under arrest.

The justices determined a Ventura County deputy had the right to conduct a warrantless search of the text messages of a man he had arrested on suspicion of participating in a drug deal.

The state court ruled 5-2 that U.S. Supreme Court precedent affirms that police can search items found on defendants when they are arrested.

However, the San Francisco Chronicle reported that in 2007, U.S. District Court Judge Susan Illston ruled that police could not search the cell phones of drug defendants without a warrant. The Ohio Supreme Court also found in 2009 that police did not have that right.

Continue Reading at NPR.

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Comments

Brent Smolka January 25th, 2011 at 6:35 pm

This is tough. I’m not calling you out though, I think it is everyone else out there that isn’t taking notice.

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