Mojo, you're right - what the NSA is a bit different.. It just lends to more government mistrust.mojo84 wrote: It seems some think this is related to what the NSA was/is doing. It is a different issue. The NSA is spying on innocent citizens along with some thought to be terrorists. This issue is about searching phone and computer data based upon PC and/or properly issued search warrant. Why do some think a phone or computer should exempt from a search as a result of a properly issued search warrant when ones house, body or car isn't? Should searches be eliminated completely?
However - as mentioned above, the supreme court had to rule on cases where LEOs were searching cell phones, so the police were doing it also... Particularly incident to arrest, which I don't mind so much.. But sometimes they were doing it w/o an arrest, which is troublesome.
Now that texting while driving is illegal (at least where I am), I think we can agree that you might get stopped for "legal" activity that may appear to look like texting. For instance, viewing a map on your phone. Although one might argue that this is "distracted driving" and is just as dangerous (I'd agree) - it's not illegal behavior.. At least not yet and there is no practical way for an officer to tell the difference as the SMS-radar isn't widespread.
The supreme court case doesn't throw out LEOs ability to search cell phones when probable cause exists. To me, this still leaves a huge loophole.. If I'm handling the phone while driving, I may be stopped, and probable cause exists to search my phone as I was stopped for a phone-related offense and that phone contains evidence of the crime. It's still going to be pretty trivial for officers to make a case that would support searching the phone in the modern era.
Sorry, I don't want officers looking through my phone.
I believe they should be able to do so with a court-issued warrant, but not not as incident to being detained...