Barack Obama Asks Supreme Court To Allow Warrantless Cellphone Searches … The Hell with the 4th Amendment
Isn’t this special, Barack Obama asks the US Supreme Court to allow warrantless cellphone searches. So much for the US Constitution and the 4th Amendment under this imperial president. Jammie Wearing Fool asks, remember when they said if we voted for Mitt Romney our freedom and liberties would be further eroded? It appears that they were correct in an convoluted Saul Alinsky kind of way.
From the WAPO:
If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches.
In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs, cash and guns.
The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man’s argument, ruling that the police should have gotten a warrant before accessing any information on the man’s phone.
The Obama Administration disagrees. In a petition filed earlier this month asking the Supreme Court to hear the case, the government argues that the First Circuit’s ruling conflicts with the rulings of several other appeals courts, as well as with earlier Supreme Court cases. Those earlier cases have given the police broad discretion to search possessions on the person of an arrested suspect, including notebooks, calendars and pagers. The government contends that a cellphone is no different than any other object a suspect might be carrying.
As Weasel Zippers opines, He’s just lucky his name isn’t George W. Bush.