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: [email protected] [mailto:[email protected]] On Behalf Of Paul Ferguson Sent: Thursday, January 06, 2011 2:41 AM To: [email protected] Cc: [email protected] Subject: Re: [funsec] California opts out of 4th Amendment -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On Wed, Jan 5, 2011 at 12:15 PM, Rob, grandpa of Ryan, Trevor, Devon & Hannah <[email protected]> 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. :-) -----BEGIN PGP SIGNATURE----- Version: PGP Desktop 9.5.3 (Build 5003) wj8DBQFNJXIUq1pz9mNUZTMRAsTMAKC90mLm53G4uhWKhOeHnfdwqvB5/QCePpTO t8+/tEmDUXQpMc9NRg6ADoc= =EV3c -----END PGP SIGNATURE----- -- "Fergie", a.k.a. Paul Ferguson Engineering Architecture for the Internet fergdawgster(at)gmail.com ferg's tech blog: http://fergdawg.blogspot.com/ _______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list. _______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list.
