Calif. Supreme Court approves warrantless data seizures by police

By Stephen C. Webster
Tuesday, January 4, 2011 13:00 EST
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If you’re arrested in California, data stored on your mobile phone, tablet or other portable computing devices could be seized by police without so much as a search warrant.

That’s thanks to a recent decision by the state’s highest court, which declared on Monday that any and all expectations of privacy are lost once a defendant is in state custody.

By a vote of 5-2, the court said police may “rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer,” according to the dissenting opinion of Justice Kathryn Mickle Werdegar.

Werdegar was joined by Justice Carlos Moreno in opposing the decision.

“The majority thus sanctions a highly intrusive and unjustified type of search, one meeting neither the warrant requirement nor the reasonableness requirement of the Fourth Amendment to the United States Constitution,” Werdegar continued. “As a commentator has noted, ‘[i]f courts adopted this rule, it would subject anyone who is the subject of a custodial arrest, even for a traffic violation, to a preapproved foray into a virtual warehouse of their most intimate communications and photographs without probable cause.’”

The dissenting justices suggested that before rummaging through a suspect’s mobile device, police should be required to convince a judge of the likelihood that evidence of a crime would be uncovered.

The majority, led by Justice Ming Chin, disagreed, arguing that decisions by the US Supreme Court in the 1970s, permitting the searches of items seized during arrests, was enough precedent to allow warrantless searches of computing devices.

The majority of justices did give credence to the argument that emerging technology amplifies the invasive nature of such a search, but the concurring voices summarized that it would be up to the nation’s highest court to reevaluate its prior decisions.

Though highly disappointing to civil libertarians, the California Supreme Court’s move is likely to be received with cheers of approval from software developers that specialize in mobile security. Products like Lookout Mobile Security, available for Android devices, allow remote users to wipe out all data on their smartphone simply by logging into a website.

If such software begins to pose a significant obfuscation to police efforts at probing seized devices, it could also lead to a technological arms race of sorts. Authorities could one day acquire products that can take instant snapshots of a mobile device’s internal memory before they can be erased, which would be followed by private industry countermeasures to block that, and so on.

San Francisco Chronicle staff writer Bob Egelko noted that the Ohio Supreme Court reached an opposite verdict at the end of 2009, but they were unable to secure a Supreme Court review.

“The Ohio-California split could prompt the nation’s high court to take up the issue, said Deputy Attorney General Victoria Wilson, who represented the prosecution in Monday’s case,” he wrote.

“This has an impact on the day-to-day jobs of police officers, what kind of searches they can conduct without a warrant when they arrest someone,” Wilson was quoted as saying. “It takes it into the realm of new technology.”

In other significant Fourth Amendment-related decisions recently, the 3rd Circuit Court of Appeals ruled last month that the Obama administration may not obtain information about a cell phone user’s location without a court-issued search warrant. Similarly, Delaware Judge Jan R. Jurden ruled against the warrantless placement of a global positioning system on suspects’ vehicles, warning that with the rise and spread of computing power, “an Orwellian state is now technologically feasible.”

The California Supreme Court’s decision in The People v. Gregory Diaz was available online (PDF).

Stephen C. Webster
Stephen C. Webster
Stephen C. Webster is the senior editor of Raw Story, and is based out of Austin, Texas. He previously worked as the associate editor of The Lone Star Iconoclast in Crawford, Texas, where he covered state politics and the peace movement’s resurgence at the start of the Iraq war. Webster has also contributed to publications such as True/Slant, Austin Monthly, The Dallas Business Journal, The Dallas Morning News, Fort Worth Weekly, The News Connection and others. Follow him on Twitter at @StephenCWebster.
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  • Anonymous

    Time to encrypt your stuff.

  • http://topsy.com/www.rawstory.com/rs/2011/01/calif-supreme-court-approves-warrantless-data-seizures-police/?utm_source=pingback&utm_campaign=L2 Tweets that mention Calif. Supreme Court approves warrantless data seizures by police | Raw Story — Topsy.com

    [...] This post was mentioned on Twitter by Rob, FSRN, Filip Andersson, Christine Millan and others. Christine Millan said: They just keep chipping away @BLKGirlFound: @RawStory Calif. Supreme Court approves warrantless data seizures by police http://su.pr/6ao7Fm [...]

  • Hologram5

    Fucking sellout police state. I hope CA falls off the map along with the nazi judge that allows this crap.

  • Hologram5

    Fucking sellout police state. I hope CA falls off the map along with the nazi judge that allows this crap.

  • http://ingaza.wordpress.com/ the dissenter

    There ya go! Now it’s official. Won’t be long before all the other states and the federal government adopt this now that we’ve got the new and improved McCarthy panels ready to strike.

    Also here’s another tidbit on California as Arnold leaves office, he does so in grand Bush baby style, by pardoning criminals who shouldn’t be seeing the light of day for a while. He goes a step further, however, and takes it upon himself to play lawyer:

    Son of Former Speaker Has His Prison Term Cut

    http://www.nytimes.com/2011/01/04/us/04pardon.html?nl=todaysheadlines&emc=tha23

    Esteban Nuñez, the son of the former speaker, Fabian Nuñez, pleaded guilty to voluntary manslaughter after a drunken fight near San Diego State University led to the stabbing death of Luis Santos. Mr. Nuñez, now 21, was sentenced to 16 years in state prison, but Mr. Schwarzenegger reduced the sentence to seven years.

    In a statement released Sunday — his last night in office — Mr. Schwarzenegger noted that although Mr. Nuñez had no prior criminal record and was not the one to deliver the fatal blow, he had received the same sentence as Ryan Jett, a fellow defendant who already had two convictions and killed Mr. Santos with a stab to the chest.

    “I believe Nuñez’s sentence is excessive,” the statement said. “He was not the actual killer.”

  • http://ingaza.wordpress.com/ the dissenter

    There ya go! Now it’s official. Won’t be long before all the other states and the federal government adopt this now that we’ve got the new and improved McCarthy panels ready to strike.

    Also here’s another tidbit on California as Arnold leaves office, he does so in grand Bush baby style, by pardoning criminals who shouldn’t be seeing the light of day for a while. He goes a step further, however, and takes it upon himself to play lawyer:

    Son of Former Speaker Has His Prison Term Cut

    http://www.nytimes.com/2011/01/04/us/04pardon.html?nl=todaysheadlines&emc=tha23

    Esteban Nuñez, the son of the former speaker, Fabian Nuñez, pleaded guilty to voluntary manslaughter after a drunken fight near San Diego State University led to the stabbing death of Luis Santos. Mr. Nuñez, now 21, was sentenced to 16 years in state prison, but Mr. Schwarzenegger reduced the sentence to seven years.

    In a statement released Sunday — his last night in office — Mr. Schwarzenegger noted that although Mr. Nuñez had no prior criminal record and was not the one to deliver the fatal blow, he had received the same sentence as Ryan Jett, a fellow defendant who already had two convictions and killed Mr. Santos with a stab to the chest.

    “I believe Nuñez’s sentence is excessive,” the statement said. “He was not the actual killer.”

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    Why CA and this one judge? Authoritarianism rises across the board with a perceived drop in the value of the individual human life relatively to a perceived increasing scarcity of resources. How’s your net worth lately?

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    Why CA and this one judge? Authoritarianism rises across the board with a perceived drop in the value of the individual human life relatively to a perceived increasing scarcity of resources. How’s your net worth lately?

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    Why CA and this one judge? Authoritarianism rises across the board with a perceived drop in the value of the individual human life relatively to a perceived increasing scarcity of resources. How’s your net worth lately?

  • Anonymous

    Encryption will not stop them. They will still get your info.

  • Anonymous

    Encryption will not stop them. They will still get your info.

  • Anonymous

    Encryption will not stop them. They will still get your info.

  • Anonymous

    America is circling the toilet bowl of fascism, very sad indeed.

  • Anonymous

    America is circling the toilet bowl of fascism, very sad indeed.

  • Anonymous

    America is circling the toilet bowl of fascism, very sad indeed.

  • Anonymous

    This was a 5 – 2 vote of the California Supreme Court., so make that 5 Nazi judges.

  • Anonymous

    This was a 5 – 2 vote of the California Supreme Court., so make that 5 Nazi judges.

  • Anonymous

    This was a 5 – 2 vote of the California Supreme Court., so make that 5 Nazi judges.

  • Hologram5

    Why CA you ask? Because maybe I was a native of CA until the state started going down the crapper back in the late eighties. Because I lived there and watched the state go further and further into debt. I lived there from the time I was born until the time I could move out on my own and I left the state. Not saying that Washington is much better but at least I can make a better living here for my children and don’t have to worry about gestapo tactics like this crap.

  • Hologram5

    Why CA you ask? Because maybe I was a native of CA until the state started going down the crapper back in the late eighties. Because I lived there and watched the state go further and further into debt. I lived there from the time I was born until the time I could move out on my own and I left the state. Not saying that Washington is much better but at least I can make a better living here for my children and don’t have to worry about gestapo tactics like this crap.

  • Hologram5

    Why CA you ask? Because maybe I was a native of CA until the state started going down the crapper back in the late eighties. Because I lived there and watched the state go further and further into debt. I lived there from the time I was born until the time I could move out on my own and I left the state. Not saying that Washington is much better but at least I can make a better living here for my children and don’t have to worry about gestapo tactics like this crap.

  • Anonymous

    The US Supreme Court already rules in the exact same way previously regarding searching property of those arrested.

  • Anonymous

    The US Supreme Court already rules in the exact same way previously regarding searching property of those arrested.

  • Anonymous

    The US Supreme Court already rules in the exact same way previously regarding searching property of those arrested.

  • Anonymous

    5 judges

  • Anonymous

    5 judges

  • Anonymous

    5 judges

  • Hologram5

    Thanks for the update. Now I know there’s more than just one gestapo madman…

  • Hologram5

    Thanks for the update. Now I know there’s more than just one gestapo madman…

  • Hologram5

    Thanks for the update. Now I know there’s more than just one gestapo madman…

  • http://twitter.com/akazip Mike Suttles

    Next California, like Britain, will throw you in jail until you reveal your passwords.

  • http://twitter.com/akazip Mike Suttles

    Next California, like Britain, will throw you in jail until you reveal your passwords.

  • http://twitter.com/akazip Mike Suttles

    Next California, like Britain, will throw you in jail until you reveal your passwords.

  • Anonymous

    SEEE PEOPLE!!!! This is why I go though the pains of learning about Judges before I vote. They REALLY screwed us this time. I’m sure the ACLU will challenge but until then I may have a solution… If you are at risk of being busted, buy a $20 phone at Best Buy or pull your SIM card out because then it’s not part of the electronic device.

  • Anonymous

    SEEE PEOPLE!!!! This is why I go though the pains of learning about Judges before I vote. They REALLY screwed us this time. I’m sure the ACLU will challenge but until then I may have a solution… If you are at risk of being busted, buy a $20 phone at Best Buy or pull your SIM card out because then it’s not part of the electronic device.

  • Anonymous

    SEEE PEOPLE!!!! This is why I go though the pains of learning about Judges before I vote. They REALLY screwed us this time. I’m sure the ACLU will challenge but until then I may have a solution… If you are at risk of being busted, buy a $20 phone at Best Buy or pull your SIM card out because then it’s not part of the electronic device.

  • Anonymous

    Another reason to stay as far away as possible from the downward spiral shit hole known as California.

  • Anonymous

    Another reason to stay as far away as possible from the downward spiral shit hole known as California.

  • Anonymous

    Another reason to stay as far away as possible from the downward spiral shit hole known as California.

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    Dont worry , your town is next

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    Dont worry , your town is next

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    Dont worry , your town is next

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    fine here you go H8fred64

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    fine here you go H8fred64

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    fine here you go H8fred64

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    fine here you go H8fred64

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    just dont get shot carving a piece of scary wood

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    just dont get shot carving a piece of scary wood

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    just dont get shot carving a piece of scary wood

  • http://pulse.yahoo.com/_AHHJOTSGKFHBCS6RUTKXHG76TQ blue

    just dont get shot carving a piece of scary wood

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    Wow, pull you over for a routine traffic stop, find some pretense to handcuff you and then rummage through your cellphone, laptop and and Ipad.

    The RULE of LAW is alive and well in California. Born and raised in Los Angeles. Joined the Army at 18 to escape. Never looked back. 36 years later I say Good riddance.

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    Wow, pull you over for a routine traffic stop, find some pretense to handcuff you and then rummage through your cellphone, laptop and and Ipad.

    The RULE of LAW is alive and well in California. Born and raised in Los Angeles. Joined the Army at 18 to escape. Never looked back. 36 years later I say Good riddance.

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    Wow, pull you over for a routine traffic stop, find some pretense to handcuff you and then rummage through your cellphone, laptop and and Ipad.

    The RULE of LAW is alive and well in California. Born and raised in Los Angeles. Joined the Army at 18 to escape. Never looked back. 36 years later I say Good riddance.

  • http://www.socialistcafe.com SocialistCafeDOTcom

    Unbelievable. I don’t know what’s scarier. That the judges ruled this way or that within this particular article is a blatant advertisement for Lookout Mobile Security.

    Even the ‘good’ articles have been corrupted.

  • http://www.socialistcafe.com SocialistCafeDOTcom

    Unbelievable. I don’t know what’s scarier. That the judges ruled this way or that within this particular article is a blatant advertisement for Lookout Mobile Security.

    Even the ‘good’ articles have been corrupted.

  • http://www.socialistcafe.com SocialistCafeDOTcom

    Unbelievable. I don’t know what’s scarier. That the judges ruled this way or that within this particular article is a blatant advertisement for Lookout Mobile Security.

    Even the ‘good’ articles have been corrupted.

  • http://www.socialistcafe.com SocialistCafeDOTcom

    Unbelievable. I don’t know what’s scarier. That the judges ruled this way or that within this particular article is a blatant advertisement for Lookout Mobile Security.

    Even the ‘good’ articles have been corrupted.

  • http://temporary2.com/archives/1969/12/31/warrantless-cell-phone-search-gets-a-green-light-in-california-ars-technica/ Temporary Test Blog » Blog Archive » Warrantless cell phone search gets a green light in California – Ars Technica

    [...] comes to various data found on a cell phone, but according to the California Supreme Court, …Calif. Supreme Court approves warrantless data seizures by policeRaw StoryCops Can Search Text MessagesThe Bay Citizen (blog)Kiss even more of your privacy good-bye. [...]

  • ghostof911

    Isn’t the California prison system one of the growth industries in the state? Won’t this ruling make it easier for judges to throw more bodies into cages, thus helping the bottom line of the prison industry? Maybe the California SC judges get kickbacks from the prison industry for ruling in its favor. That’s the new American way, isn’t it?

  • ghostof911

    Isn’t the California prison system one of the growth industries in the state? Won’t this ruling make it easier for judges to throw more bodies into cages, thus helping the bottom line of the prison industry? Maybe the California SC judges get kickbacks from the prison industry for ruling in its favor. That’s the new American way, isn’t it?

  • ghostof911

    Isn’t the California prison system one of the growth industries in the state? Won’t this ruling make it easier for judges to throw more bodies into cages, thus helping the bottom line of the prison industry? Maybe the California SC judges get kickbacks from the prison industry for ruling in its favor. That’s the new American way, isn’t it?

  • ghostof911

    Isn’t the California prison system one of the growth industries in the state? Won’t this ruling make it easier for judges to throw more bodies into cages, thus helping the bottom line of the prison industry? Maybe the California SC judges get kickbacks from the prison industry for ruling in its favor. That’s the new American way, isn’t it?

  • Anonymous

    “any and all expectations of privacy are lost once a defendant is in state custody.”

    We have become the land of the slaves, and home of the wusses.

  • Hologram5

    Thanks for the laugh, I needed it after reading this. Yeah, we are pretty wary of SPD here. They rather shoot first and ask questions later it seems.

  • http://pulse.yahoo.com/_3KIGXAIT4M6ZZFDPV3K4YRRH2U Mitch Camstein

    You can’t teach the Constitution anymore. Americans are too stupid.

  • Anonymous

    EXACTLY

    If they find encrypted data on your device, they will use that as an excuse to torture the password out of you.

  • http://pulse.yahoo.com/_QMPOO3PZFN7XV2XZKCGSXXR3WM Joe Somebody

    Oh, Cali! how did you get this so WRONG? Mobile devices today carry as much information as a full filing cabinet. When the SCOTUS made their ruling in the 70s, they were talking about being able to rummage through a typical car (still wrong, ultimately).. not someone’s OFFICE and photo album!

    And not to mention, the State has no obligation to take powers up to what the SCOTUS says government can take, you ARE allowed to offer MORE protections than the SCOTUS’ interpretation of the Constitution! .. not to mention, the 4th Amendment is _clear_, and rummaging through someone’s life on a fishing expedition violates the 4th.

    how sad.

  • Anonymous

    I’m shocked the California Supreme Court ruled this way, on the other hand I’m not shocked seeing more evidence of the Police State. Usually though, they are considered a liberal, civil rights oriented court.

    I really think it’s probably too late, because it will take an insurection to change the direction this country is taking. The courts are packed with fascist Repugs. There’s really no one to count on.

  • http://pulse.yahoo.com/_3RNOJJZSOYBB23XU3YHCMAPC2M CaptBebops

    Yes, the prison guard union is one of the most powerful in the state. They want to keep their jobs by criminalizing more things. We don’t need more prisons in this state just to suit them. Sometimes I think they would just like to put a wall around the state and declare all the residents criminals and inmates.

  • Anonymous

    Exactly, Go911. It won’t be white kids from the suburbs getting these phone searches. If I was black, Hispanic or Asian in California, I wouldn’t let my kids carry any phone newer than a Nokia 1100.

  • Anonymous

    Yep, fascist pigs!

  • http://pulse.yahoo.com/_QMPOO3PZFN7XV2XZKCGSXXR3WM Joe Somebody

    I see an uptick in cute blonds being pulled over.. and phone pictures being scanned and hearing “you wait here, I need to head to the car for a minute”.

  • http://pulse.yahoo.com/_3RNOJJZSOYBB23XU3YHCMAPC2M CaptBebops

    You know that they don’t hire cops for their brains. In fact it is actually considered a bad idea to hire anyone too bright because they start questioning the laws they are enforcing (just ask any DA). Not to say that all cops are stupid but the majority given the ability to rummage through your private data might be tempted to sell it in a “back alley.”

    We don’t like in the United State of America anymore, we live in the United States of China and China is insisting to our officials to stifle dissent and create a police state like theirs in their newly owned country. It is our duty to resist.

  • Don Corleone

    Day by day our Constitution is morphing into a useless list of quaint suggestions.

  • Anonymous

    Google can tell how well you know the laws, by analyzing your blog postings.

    You can’t hide from their search engines. You think you can, but it’s futile. Even your writing style will give you away. Just ask the guy who wrote “Primary Colors”.

    People who understand the law will be labeled as threats, and targeted for identity theft and other distractive mischief. They get in the way, and hinder the free flow of sheep.

  • Anonymous

    What a great tool for squashing political dissent — ie, when an activist is arrested.

  • Richard

    This sounds like something from a Communist country!

    Maybe “The People” need to “recall” some of these justices!

    Constitution? What Constitution?!!

  • Richard

    This sounds like something from a Communist country!

    Maybe “The People” need to “recall” some of these justices!

    Constitution? What Constitution?!!

  • Anonymous

    Well yeah, if it wasn’t illegal, why would you bother to encrypt it? And since encryption is prima facie evidence of guilt, why shouldn’t they be able to torture you to find out just what it is you’re guilty of. Seems open & shut to me – heat up the irons, Igor!

  • Anonymous

    Well yeah, if it wasn’t illegal, why would you bother to encrypt it? And since encryption is prima facie evidence of guilt, why shouldn’t they be able to torture you to find out just what it is you’re guilty of. Seems open & shut to me – heat up the irons, Igor!

  • Anonymous

    Well yeah, if it wasn’t illegal, why would you bother to encrypt it? And since encryption is prima facie evidence of guilt, why shouldn’t they be able to torture you to find out just what it is you’re guilty of. Seems open & shut to me – heat up the irons, Igor!

  • Anonymous

    Well, maybe this is obvious, but there should be a “kill switch” program that you could put on your phone or comp. device that will immediately wipe out all the data or wipe it out the next time it’s turned on, then the fuckers can have it, there would be nothing to look at. Keep all of your important shit at home, backed up somewhere else.

    I agree with what someone said previously, there will need to be an insurrection to stop this creeping encroachment.

  • Anonymous

    Well, maybe this is obvious, but there should be a “kill switch” program that you could put on your phone or comp. device that will immediately wipe out all the data or wipe it out the next time it’s turned on, then the fuckers can have it, there would be nothing to look at. Keep all of your important shit at home, backed up somewhere else.

    I agree with what someone said previously, there will need to be an insurrection to stop this creeping encroachment.

  • Anonymous

    Well, maybe this is obvious, but there should be a “kill switch” program that you could put on your phone or comp. device that will immediately wipe out all the data or wipe it out the next time it’s turned on, then the fuckers can have it, there would be nothing to look at. Keep all of your important shit at home, backed up somewhere else.

    I agree with what someone said previously, there will need to be an insurrection to stop this creeping encroachment.

  • Anonymous

    reading that pdf court paper changed my mind on this. especially the last line which anticipates it will be decided by a higher authority than this court. The court didn’t presume to better know the supreme courts precedent from the f-ing 70′s when the technology didn’t exist. in reality what we need is legislation to ensure digital privacy. otherwise its left to the courts discretion. no doubt most the blue-haired servents on the bench dont even know what half of the technology is even used for.

    “…we hold that, under the United States Supreme Court‟s binding precedent, the warrantless search of defendant‟s cell phone was valid. If, as the dissent asserts, the wisdom of the high court‟s decisions “must be newly evaluated” in light of modern technology (dis. opn. of Werdegar, J., post, at p. 1), then that reevaluation must be undertaken by the high court itself.”

  • Anonymous

    reading that pdf court paper changed my mind on this. especially the last line which anticipates it will be decided by a higher authority than this court. The court didn’t presume to better know the supreme courts precedent from the f-ing 70′s when the technology didn’t exist. in reality what we need is legislation to ensure digital privacy. otherwise its left to the courts discretion. no doubt most the blue-haired servents on the bench dont even know what half of the technology is even used for.

    “…we hold that, under the United States Supreme Court‟s binding precedent, the warrantless search of defendant‟s cell phone was valid. If, as the dissent asserts, the wisdom of the high court‟s decisions “must be newly evaluated” in light of modern technology (dis. opn. of Werdegar, J., post, at p. 1), then that reevaluation must be undertaken by the high court itself.”

  • http://twitter.com/btmfdrsheaven rebecca meritt

    as long as they answer the calls from by bill collectors and don’t erase my text from FAVRE,it’s a keeper.

  • http://twitter.com/btmfdrsheaven rebecca meritt

    as long as they answer the calls from by bill collectors and don’t erase my text from FAVRE,it’s a keeper.

  • http://pulse.yahoo.com/_NXXLSPJ2L5AVFEMKSZODNOMTHU Next

    I don’t understand this ruling at all. Fascism is not around the bend, it’s basically here. These judges must have been pressured, or paid off to vote for the ever increasing security apparatus. How pathetic.

  • http://pulse.yahoo.com/_NXXLSPJ2L5AVFEMKSZODNOMTHU Next

    I don’t understand this ruling at all. Fascism is not around the bend, it’s basically here. These judges must have been pressured, or paid off to vote for the ever increasing security apparatus. How pathetic.

  • http://pulse.yahoo.com/_QMPOO3PZFN7XV2XZKCGSXXR3WM Joe Somebody

    The Constitution secures that privacy, all you have to do is apply a modicum of logic and reason. You’re secure in your possessions according to the 4th Amendment, and that includes the bits you’ve organized a certain way on your electronic possessions.

    The SCOTUS got it wrong in the 70s, too.. and in the name of “making it easier for cops to find criminals”. The Police State has ever been trying to encroach, and the Constitution is meant to prohibit that. Sure, it makes it harder for cops to do their job, but.. that IS their job.

  • http://pulse.yahoo.com/_QMPOO3PZFN7XV2XZKCGSXXR3WM Joe Somebody

    The Constitution secures that privacy, all you have to do is apply a modicum of logic and reason. You’re secure in your possessions according to the 4th Amendment, and that includes the bits you’ve organized a certain way on your electronic possessions.

    The SCOTUS got it wrong in the 70s, too.. and in the name of “making it easier for cops to find criminals”. The Police State has ever been trying to encroach, and the Constitution is meant to prohibit that. Sure, it makes it harder for cops to do their job, but.. that IS their job.

  • Anonymous

    What about the Supreme Court decision last year in Arizona v Gant, which ruled against warrantless searches of vehicles (e.g., when someone is arrested for a traffic violation, the police can’t just rummage through their car without a warrant)? Why would it be legal to search an electronic device without a warrant if it’s not legal to search a vehicle without one?

  • Anonymous

    What about the Supreme Court decision last year in Arizona v Gant, which ruled against warrantless searches of vehicles (e.g., when someone is arrested for a traffic violation, the police can’t just rummage through their car without a warrant)? Why would it be legal to search an electronic device without a warrant if it’s not legal to search a vehicle without one?

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    You may have hit it on the nailhead. Bust an activist. Take his/her cellphone or ipad, now you have a list of activist’s (or suspected Activists) with names addresses and phone numbers. Meeting dates and times and possibly agenda’s.

    Now the thought police can take pro-active measures to squash the dissent before it even gets out of the gate post.

    Major fear tactic at work here. They are deliberately out to make everyone paranoid.

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    You may have hit it on the nailhead. Bust an activist. Take his/her cellphone or ipad, now you have a list of activist’s (or suspected Activists) with names addresses and phone numbers. Meeting dates and times and possibly agenda’s.

    Now the thought police can take pro-active measures to squash the dissent before it even gets out of the gate post.

    Major fear tactic at work here. They are deliberately out to make everyone paranoid.

  • http://twitter.com/Covert4Liberty Brimstone Hill

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    However, a dissenting school of thought often found in the opinions of Justice Antonin Scalia is that searches must simply be “reasonable,” and the warrant requirement has been overly emphasized.

    According to Our Benevolent Government, the Constitution is just a God Damn piece of Paper.
    It’s over folks…………..
    Tyranny and Despotism have Succeeded.

  • http://twitter.com/Covert4Liberty Brimstone Hill

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    However, a dissenting school of thought often found in the opinions of Justice Antonin Scalia is that searches must simply be “reasonable,” and the warrant requirement has been overly emphasized.

    According to Our Benevolent Government, the Constitution is just a God Damn piece of Paper.
    It’s over folks…………..
    Tyranny and Despotism have Succeeded.

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    RAWREADER may have got it right.: “What a great tool for squashing political dissent — ie, when an activist is arrested.”

    You may have hit it on the nailhead. Bust an activist. Take his/her cellphone or ipad, now you have a list of activist’s (or suspected Activists) with names addresses and phone numbers. Meeting dates and times and possibly agenda’s.

    Now the thought police can take pro-active measures to squash the dissent before it even gets out of the gate post.

    Major fear tactic at work here. They are deliberately out to make everyone paranoid.

  • http://twitter.com/EconomicHostage Economic Hostage.Com

    RAWREADER may have got it right.: “What a great tool for squashing political dissent — ie, when an activist is arrested.”

    You may have hit it on the nailhead. Bust an activist. Take his/her cellphone or ipad, now you have a list of activist’s (or suspected Activists) with names addresses and phone numbers. Meeting dates and times and possibly agenda’s.

    Now the thought police can take pro-active measures to squash the dissent before it even gets out of the gate post.

    Major fear tactic at work here. They are deliberately out to make everyone paranoid.

  • Anonymous

    for sure, but that doesnt cut it in courts or on a local police beat. its certainly true that explicit legislation be drafted to double, quadruple, fort know fortify and protect privacy, along with anticipating new technologies. in the uk all airport face scans were forced to be erased after verifying the person matched the passport. the laws prohibited storage of the images for any purpose. but here the TSA body scans can be retained legally, and are. its a huge issue for the youth and under 40 generations who use technology. i can see this being a campaign issue in coming elections.

  • Anonymous

    for sure, but that doesnt cut it in courts or on a local police beat. its certainly true that explicit legislation be drafted to double, quadruple, fort know fortify and protect privacy, along with anticipating new technologies. in the uk all airport face scans were forced to be erased after verifying the person matched the passport. the laws prohibited storage of the images for any purpose. but here the TSA body scans can be retained legally, and are. its a huge issue for the youth and under 40 generations who use technology. i can see this being a campaign issue in coming elections.

  • Anonymous

    Police State – 43,098
    Citizens – 0

  • Anonymous

    Police State – 43,098
    Citizens – 0

  • Anonymous

    A solution would be the user has to speak a specific voice recognition pass phrase before the phone data would become unlocked.

  • Anonymous

    A solution would be the user has to speak a specific voice recognition pass phrase before the phone data would become unlocked.

  • Anonymous

    A solution would be the user has to speak a specific voice recognition pass phrase before the phone data would become unlocked.

  • ghostof911

    Read that one of the reasons that Prop 19 did not pass was because white voters felt little need to support it, since there was a low risk of their being prosecuted for holding pot. On the other hand, if you were black or Latino, it was a whole different story.

  • ghostof911

    I’m from the other coast, and I find that crazy that prison guards could have such influence. Ronny Raygun, your old governor, was a union buster, so a strong union in CA sounds like an anomaly, but I guess he made an exception for a union that creates misery for little brown people.

  • Anonymous

    Don’t obsess over the judge. It was the 1/2-witted electorate that fell for the bait when wealthy interests politicized the court in the ’80′s with the movement to get rid of Rose Byrd. They (the “tea-baggers of their day) succeeded and the erosion of your rights (the real purpose of their campaign) has been accelerating since. You’ll see more of the same from their toxic new congressmen.

  • Hologram5

    You mean like what we’re seeing from Obama’s DOJ? Corrupt to the core.

  • Hologram5

    You mean like what we’re seeing from Obama’s DOJ? Corrupt to the core.

  • Anonymous

    They need little reason to arrest you and can subsequently drop charges after they’ve rummaged through your stuff.

    Essentially you have no right to privacy once you leave the front door.

  • Anonymous

    They need little reason to arrest you and can subsequently drop charges after they’ve rummaged through your stuff.

    Essentially you have no right to privacy once you leave the front door.

  • Anonymous

    Great question.

  • Anonymous

    Pretty soon we can move to China since there will be little difference except for a few little things like leadership for one, but we are not free anymore here, atleast they have jobs in other lands. Practice chinese now to prepare cause either way china is now the #1 world power in every way it’s their century. We can do that or just get use to all the fascism and get with the program or I guess we can opt for protest of a sort. Good luck Amerika.

  • Anonymous

    Pretty soon we can move to China since there will be little difference except for a few little things like leadership for one, but we are not free anymore here, atleast they have jobs in other lands. Practice chinese now to prepare cause either way china is now the #1 world power in every way it’s their century. We can do that or just get use to all the fascism and get with the program or I guess we can opt for protest of a sort. Good luck Amerika.

  • Anonymous

    I would be very, very curious to see how this applies to Corporate People. Let’s say you have a company supplied smart phone that is connected to your work servers and you are already logged in. Does that give the police the right to snoop? What about if the phone is not for personal use at all but has all sorts of corporate data held in local storage? I think we’ll see one of two things happen: either this will be dropped due to corporate interests, *or* it will be upheld and then a provision will be carved out for corporate information. In either case, political activists should incorporate.

  • Anonymous

    I would be very, very curious to see how this applies to Corporate People. Let’s say you have a company supplied smart phone that is connected to your work servers and you are already logged in. Does that give the police the right to snoop? What about if the phone is not for personal use at all but has all sorts of corporate data held in local storage? I think we’ll see one of two things happen: either this will be dropped due to corporate interests, *or* it will be upheld and then a provision will be carved out for corporate information. In either case, political activists should incorporate.

  • David R Velasquez

    Our right to privacy… RIP.

  • David R Velasquez

    Our right to privacy… RIP.

  • Anonymous

    People wonder why, why all this action for knowing where you are and who you talk to and no privacy. It’s because they are setting up the police state to be used against their own people. A police state is not used against other countries, because it’s literally impossible to set up a system. You would have to conquer and colonize and convert the local populace to do your bidding and that takes alot of time. Normally it’s done in the nation of choice to stamp down dissent and competition to the ruling elite, and why is that being done in the US?

    It’s being done because our economy is going to implode and hyperinflation and scarcity will be the law of the land. They know that Americans have been deluded by everyone in power from govt. to local leaders that they will get everything that they have been promised. And when they don’t get these things (pensions, SS, Medicare/medicaid, etc. etc.), they will riot. Imagine you the American having been promised your pension (both private and public) and all it’s benefits getting cut by 50% or even stopped. Imagine your getting your SS and the govt. decides to cut benefits of the people getting it, and many more. We have been taught that as long as we say the right things or do the right things to go along to get along, that we will “be rewarded” and protected. Thats not the case and it never was, it’s just know dawning on many in America that our empire is in decline.

    You know when an empire is in decline when the people in power don’t trust their own populace and must control it at all costs. You know your empire is in decline when force has to be used for everything. Our empire is moving down the worn path that all empires went down and who thought they where the pinnacle of civilization. If you don’t believe me look at all the empires of the past and see where they are now.

  • Anonymous

    People wonder why, why all this action for knowing where you are and who you talk to and no privacy. It’s because they are setting up the police state to be used against their own people. A police state is not used against other countries, because it’s literally impossible to set up a system. You would have to conquer and colonize and convert the local populace to do your bidding and that takes alot of time. Normally it’s done in the nation of choice to stamp down dissent and competition to the ruling elite, and why is that being done in the US?

    It’s being done because our economy is going to implode and hyperinflation and scarcity will be the law of the land. They know that Americans have been deluded by everyone in power from govt. to local leaders that they will get everything that they have been promised. And when they don’t get these things (pensions, SS, Medicare/medicaid, etc. etc.), they will riot. Imagine you the American having been promised your pension (both private and public) and all it’s benefits getting cut by 50% or even stopped. Imagine your getting your SS and the govt. decides to cut benefits of the people getting it, and many more. We have been taught that as long as we say the right things or do the right things to go along to get along, that we will “be rewarded” and protected. Thats not the case and it never was, it’s just know dawning on many in America that our empire is in decline.

    You know when an empire is in decline when the people in power don’t trust their own populace and must control it at all costs. You know your empire is in decline when force has to be used for everything. Our empire is moving down the worn path that all empires went down and who thought they where the pinnacle of civilization. If you don’t believe me look at all the empires of the past and see where they are now.

  • Anonymous

    if you live in california, maybe. and for sure legislation can be passed to override this b.s.

    but if youd rather roll over and take it youre part of the problem

  • Anonymous

    if you live in california, maybe. and for sure legislation can be passed to override this b.s.

    but if youd rather roll over and take it youre part of the problem

  • Anonymous

    if you live in california, maybe. and for sure legislation can be passed to override this b.s.

    but if youd rather roll over and take it youre part of the problem

  • RichWa

    If anyone thinks that the data on their smart phone is secure they’re going to be in for a very nasty surprise.

  • RichWa

    If anyone thinks that the data on their smart phone is secure they’re going to be in for a very nasty surprise.

  • RichWa

    If anyone thinks that the data on their smart phone is secure they’re going to be in for a very nasty surprise.

  • Anonymous

    simple logical progression really. once upon a time before computers and cell phones all you had to go by was your address book, your land line or a payphone. now the sheeple can’t live or go anywhere without their stupid i phone droid blackberry etc so the state has ya by the balls because the corporations have sucked you in. lesson? dont text or use your phone or laptop for anything remotely illegal other wise you get what you deserve…..

  • Anonymous

    simple logical progression really. once upon a time before computers and cell phones all you had to go by was your address book, your land line or a payphone. now the sheeple can’t live or go anywhere without their stupid i phone droid blackberry etc so the state has ya by the balls because the corporations have sucked you in. lesson? dont text or use your phone or laptop for anything remotely illegal other wise you get what you deserve…..

  • Anonymous

    simple logical progression really. once upon a time before computers and cell phones all you had to go by was your address book, your land line or a payphone. now the sheeple can’t live or go anywhere without their stupid i phone droid blackberry etc so the state has ya by the balls because the corporations have sucked you in. lesson? dont text or use your phone or laptop for anything remotely illegal other wise you get what you deserve…..

  • Anonymous

    wow, you guys are all about the f-ing end days here arent you? one shit ruling, on a state not federal level for that matter, and suddenly its the horsemen of the apocalypse swooping down and beheading infants. i guess its time to cash in those birthday checks and fly to the moon

  • Anonymous

    wow, you guys are all about the f-ing end days here arent you? one shit ruling, on a state not federal level for that matter, and suddenly its the horsemen of the apocalypse swooping down and beheading infants. i guess its time to cash in those birthday checks and fly to the moon

  • Anonymous

    wow, you guys are all about the f-ing end days here arent you? one shit ruling, on a state not federal level for that matter, and suddenly its the horsemen of the apocalypse swooping down and beheading infants. i guess its time to cash in those birthday checks and fly to the moon

  • Anonymous

    in california, and this law wont hold up in the scotus

  • Anonymous

    They can search my diapers but they ain’t gonna find anything but brown…

  • http://pulse.yahoo.com/_FONW6K3ZWV4BU4ZTCDCSZHHH6E Mick Jagger

    Those judges are traitors to the constitution. We need and entire reworking of privacy laws by out lawmakers to keep up with technology instead of just always talking about it. This is the most important issue of our times…not terrorism…not anything because as long as we are treated like prisoners then nothing else can get better in the economy, healthcare or so-called wars. So if we get a speeding ticket they can seize our entire history? People should stop using their phones for every thing then and Apple and AT&T should be the ones paying lawyers to fight this. The time is ripe for a new telecom that puts privacy first. Do that and watch the other companies lose all their business to them.

  • David R Velasquez

    Considering I don’t live in my native California anymore my means of fighting are rather limited.

    But if you think I would ‘roll over and take it’… then you reeeeally don’t know me at all.

  • David R Velasquez

    Considering I don’t live in my native California anymore my means of fighting are rather limited.

    But if you think I would ‘roll over and take it’… then you reeeeally don’t know me at all.

  • Anonymous

    should we found the Privacy Party?

  • Anonymous

    should we found the Privacy Party?

  • Anonymous

    do you think the christian right cares what state something happens in? mormons want gay marriage banned in california they find a way, evangelicals want to intervene with a braindead womans death in florida, they find a way. ar eyou telling me the ways and means are available to the oppressors and neo con organizations and those alone? jurisdiction in todays world is a complete fantasy.

  • Anonymous

    do you think the christian right cares what state something happens in? mormons want gay marriage banned in california they find a way, evangelicals want to intervene with a braindead womans death in florida, they find a way. ar eyou telling me the ways and means are available to the oppressors and neo con organizations and those alone? jurisdiction in todays world is a complete fantasy.

  • Anonymous

    “We need and entire reworking of privacy laws”

    There are two sets of privacy laws: One for Natural People and one for Corporate People. Two classes of People that are not equal under the law. I’m wondering at what point will the discrepancy become large enough that human people can legitimately claim discrimination…

  • Anonymous

    “We need and entire reworking of privacy laws”

    There are two sets of privacy laws: One for Natural People and one for Corporate People. Two classes of People that are not equal under the law. I’m wondering at what point will the discrepancy become large enough that human people can legitimately claim discrimination…

  • http://noisyroom.net/blog/2011/01/04/financial-news-update-010411/ » Financial News Update – 01/04/11 NoisyRoom.net: The Progressive Hunter

    [...] Calif. Supreme Court approves warrantless data seizures by police (Hat Tip: Brian B.) [...]

  • Anonymous

    This is a good advertisement for data encryption.

  • Anonymous

    Encrypt your data. There isn’t a police station in America that can break PGP encryption in under a year.

  • Anonymous

    With the Roberts court don’t be too sure!

  • Anonymous

    Great catch.

    When the Corporate lawyers fignure this out they will have Johnny Roberts and the four stooges “take care” of the problem.

  • Anonymous

    After they have made copies of all of your files and placed your info in a permanent data base.

  • Anonymous

    I hate to burst your bubble but China is choking on the dirtiest air surrounding the globe and drowning in some of the most polluted water on the face of the earth. Over 1 million Chinese are dying of environmental caused disease every year.

  • Anonymous

    I hate to burst your bubble but China is choking on the dirtiest air surrounding the globe and drowning in some of the most polluted water on the face of the earth. Over 1 million Chinese are dying of environmental caused disease every year.

  • Anonymous

    It’s all about incrementalism. One little step at a time.

  • Anonymous

    I’m having a hard time following that logic. According to the CA 5 you had an expectation of privacy up to the point that a law enforcement officer took you into custody with or without a reasonable cause. So just where and when do you have a chance to secure your papers or effects?

  • Anonymous

    I’m having a hard time following that logic. According to the CA 5 you had an expectation of privacy up to the point that a law enforcement officer took you into custody with or without a reasonable cause. So just where and when do you have a chance to secure your papers or effects?

  • http://pulse.yahoo.com/_X5UZGJV6EGRKFMULMBTMXRIPME Bill

    better state police for a better police state.

  • http://pulse.yahoo.com/_X5UZGJV6EGRKFMULMBTMXRIPME Bill

    better state police for a better police state.

  • http://pulse.yahoo.com/_X5UZGJV6EGRKFMULMBTMXRIPME Bill

    better state police for a better police state.

  • http://pulse.yahoo.com/_X5UZGJV6EGRKFMULMBTMXRIPME Bill

    better state police for a better police state.

  • Anonymous

    Control of the population is the essence of a police state.

    Arrest a political dissident for jaywalking and then search his phone for other dissidents. The courts know this yet they allow it, proving conclusively that they are opposed to democracy and liberty.

    Is the United States a democracy that is voting itself into totalitarianism or is the rising police state just evidence that the democracy is already gone?

  • Anonymous

    Police state here we come. I happen to know that if you have a dollar bill pinned to your shirt as a coat of arms the police will not touch you. Sort of like how it’s done in Saudi Arabia when the officials sees members of the royal family.

    How it all gets twisted around. Brandies when he was a student in law school noticed the invention of the camera. This invention worried him and he wrote a paper on the right to privacy. Later he became a U.S Supreme Court judge. He literally used the paper he wrote in law school as a decision in a case involving what he believed to be a right to privacy.

    Here at Rawstory there was an article on how GPS tracking can be used without a warrant and now this.

    For those who claim right to privacy isn’t in the Constitution I have to say this, neither is the word telephone, camera, GPS, cell phone, these are things that could not have been forseen when the Constitution was created, which means the issue of how much government intrusion is allowed is an issue for the people to decide and for the time being the courts should butt out and side with the right to privacy.

    Fight the Police State.

  • Anonymous

    Police state here we come. I happen to know that if you have a dollar bill pinned to your shirt as a coat of arms the police will not touch you. Sort of like how it’s done in Saudi Arabia when the officials sees members of the royal family.

    How it all gets twisted around. Brandies when he was a student in law school noticed the invention of the camera. This invention worried him and he wrote a paper on the right to privacy. Later he became a U.S Supreme Court judge. He literally used the paper he wrote in law school as a decision in a case involving what he believed to be a right to privacy.

    Here at Rawstory there was an article on how GPS tracking can be used without a warrant and now this.

    For those who claim right to privacy isn’t in the Constitution I have to say this, neither is the word telephone, camera, GPS, cell phone, these are things that could not have been forseen when the Constitution was created, which means the issue of how much government intrusion is allowed is an issue for the people to decide and for the time being the courts should butt out and side with the right to privacy.

    Fight the Police State.

  • David R Velasquez

    I don’t disagree with you on any of this. I just think you need to switch to decaf.

  • David R Velasquez

    I don’t disagree with you on any of this. I just think you need to switch to decaf.

  • Anonymous

    Yes! Not one torturer held accountable, not one BushAdmin official called out for lying us into wars (according to OUR rep.s at Nuremburg, the Supreme War Crime), not a lone indictment for the Wall St. banksters’ 10 year racist Ponzi scheme that collapsed the World economic system… but, Brad Manning… locked up for 7 months under sadistic conditions, WITHOUT CHARGES! Let alone a trial! [I'll bet he envies Kordovodsky (sp?) He has had 2 trials] Bush shredded the Bill of Rights (plus Habeus Corpus) and gave us an AG who didn’t even know the Constitution guaranteed habeus corpus. So we “voted for change”. And got Business as usual. Obama is irrelevant. He is this years’ Bush. As I’ve said on a hundred posts; Personalities are irrelevant. Politics is NOT People Magazine. Dems and Repugs are just good cop/bad cop.The Faux Noise crowd is right to be angry (but not stupid).This is Class Warfare!

  • Anonymous

    Yes! Not one torturer held accountable, not one BushAdmin official called out for lying us into wars (according to OUR rep.s at Nuremburg, the Supreme War Crime), not a lone indictment for the Wall St. banksters’ 10 year racist Ponzi scheme that collapsed the World economic system… but, Brad Manning… locked up for 7 months under sadistic conditions, WITHOUT CHARGES! Let alone a trial! [I'll bet he envies Kordovodsky (sp?) He has had 2 trials] Bush shredded the Bill of Rights (plus Habeus Corpus) and gave us an AG who didn’t even know the Constitution guaranteed habeus corpus. So we “voted for change”. And got Business as usual. Obama is irrelevant. He is this years’ Bush. As I’ve said on a hundred posts; Personalities are irrelevant. Politics is NOT People Magazine. Dems and Repugs are just good cop/bad cop.The Faux Noise crowd is right to be angry (but not stupid).This is Class Warfare!

  • http://pulse.yahoo.com/_7UCDPGEQ6R7HMVW3YYDUE6S4BI Toot

    The judges failed to distinguish between pre-conviction custody and post conviction custody, thus confirming guilty until proven innocent.

  • http://pulse.yahoo.com/_7UCDPGEQ6R7HMVW3YYDUE6S4BI Toot

    The judges failed to distinguish between pre-conviction custody and post conviction custody, thus confirming guilty until proven innocent.

  • ofb2632

    What happens if my cell phone and laptop have a password?? or if they have to unlock my cell phone? Can i sue them for hacking my devices?

  • Anonymous

    The rulings, regulations, and legislation are rolling like Wehrmacht panzers across the steppes of the American Constitution. Add this to the recent moves by the Fed to modify the rescission process in foreclosings before courts. Then the moves to criminalize disclosure of facts by the SHIELD act before congress. Oh and the pressures by state Governors to freeze wages, make state worker’s unions illegal, etc. It is preposterous that the court of CA made this ruling, when the rational mind looks, but the nature is unalterable in the destruction of the rights of the individual in regards to the powers of the State.

  • Anonymous

    This is an electronic version of stop and frisk. The Gestapo doesn’t give a damn about cause, just the search. Next thing, will be involuntary brain scans.

  • Anonymous

    Police State.

    A Conservative Police State.

    A Conservative Police State declaring screw the U.S. Constitution.

  • Anonymous

    Police State.

    A Conservative Police State.

    A Conservative Police State declaring screw the U.S. Constitution.

  • Anonymous

    Police State.

    A Conservative Police State.

    A Conservative Police State declaring screw the U.S. Constitution.

  • Anonymous

    Spying powers that tyrants of old could only dream of.

  • http://caveat.pcriot.com/ George

    This is one of the most ridiculous rulings I’ve heard of in a while. So by this reasoning police have a right to enter my home and rummage through my belongings just because I was arrested for DUI Just because “any and all expectations of privacy are lost once a defendant is in state custody.” I think authorities are going to push people too far and it’s going to get ugly. I am seeing more and more comments of “revolt” and some people are just looking for an excuse.

  • http://caveat.pcriot.com/ George

    This is one of the most ridiculous rulings I’ve heard of in a while. So by this reasoning police have a right to enter my home and rummage through my belongings just because I was arrested for DUI Just because “any and all expectations of privacy are lost once a defendant is in state custody.” I think authorities are going to push people too far and it’s going to get ugly. I am seeing more and more comments of “revolt” and some people are just looking for an excuse.

  • Anonymous

    Unless you are arrested for DUI while at home, the answer is ‘no’. They can only search through the personal belongings you ave with you at the time of the arrest. The quote is from the dissenting opinion. It’s a description of the majority opinion, but not meant be completely factual or binding.

  • Anonymous

    Guess again.

  • Taleisin

    Perhaps China should have a word to the USA about human rights abuses.

  • http://www.facebook.com/derek.spisak Derek Spisak

    One might also ask why homeland security thinks it is right to rummage thru your wallet, yes your wallet, when going thru airport security…

    Not cool

  • MJ

    The rise of the American police state continues. This is a bad decision. Thus, freedom dies a slow, agonizing death.

  • MJ

    The rise of the American police state continues. This is a bad decision. Thus, freedom dies a slow, agonizing death.

  • http://profiles.yahoo.com/u/PJKUN3VXETJOSDGSWDGGZ643XI Kelley

    We need to remove these people from the bench. They have also approved GPS tracking devices being placed on your cars without warrants. Judges routinely issue warrants so I think we would force law enforcement to, at the very least, head on over to the court and get a warrant. I don’t think we need to encourage sloppy, lazy, law enforcement tactics. Law enforcement is funded by the people. Perhaps they would like to give some thought to that. I also believe the implications of this ruling mean that the police can enter your house and rummage through your drawers. Once they starting reading Miranda to people, we can start thinking about what other rights they should have. Maybe the Supreme Court would like us each to have a law enforcement officer in our house. Or, perhaps we should force them to. Talk about people that are out of touch with reality: they should stick to chatting about whether or not we should the motto from our money. I’m surprised they published their decision. Half of what they say is unpublished although paid for by the inhabitants their little police state. Also, if you are following the GPS story – not only can they put it on your car; if you remove it from YOUR PROPERTY; they come and demand their property back and accuse of obstructing justice. It is interesting that this is all happening in Cali.

  • http://profiles.yahoo.com/u/PJKUN3VXETJOSDGSWDGGZ643XI Kelley

    We need to remove these people from the bench. They have also approved GPS tracking devices being placed on your cars without warrants. Judges routinely issue warrants so I think we would force law enforcement to, at the very least, head on over to the court and get a warrant. I don’t think we need to encourage sloppy, lazy, law enforcement tactics. Law enforcement is funded by the people. Perhaps they would like to give some thought to that. I also believe the implications of this ruling mean that the police can enter your house and rummage through your drawers. Once they starting reading Miranda to people, we can start thinking about what other rights they should have. Maybe the Supreme Court would like us each to have a law enforcement officer in our house. Or, perhaps we should force them to. Talk about people that are out of touch with reality: they should stick to chatting about whether or not we should the motto from our money. I’m surprised they published their decision. Half of what they say is unpublished although paid for by the inhabitants their little police state. Also, if you are following the GPS story – not only can they put it on your car; if you remove it from YOUR PROPERTY; they come and demand their property back and accuse of obstructing justice. It is interesting that this is all happening in Cali.

  • http://profiles.yahoo.com/u/PJKUN3VXETJOSDGSWDGGZ643XI Kelley

    We need to remove these people from the bench. They have also approved GPS tracking devices being placed on your cars without warrants. Judges routinely issue warrants so I think we would force law enforcement to, at the very least, head on over to the court and get a warrant. I don’t think we need to encourage sloppy, lazy, law enforcement tactics. Law enforcement is funded by the people. Perhaps they would like to give some thought to that. I also believe the implications of this ruling mean that the police can enter your house and rummage through your drawers. Once they starting reading Miranda to people, we can start thinking about what other rights they should have. Maybe the Supreme Court would like us each to have a law enforcement officer in our house. Or, perhaps we should force them to. Talk about people that are out of touch with reality: they should stick to chatting about whether or not we should the motto from our money. I’m surprised they published their decision. Half of what they say is unpublished although paid for by the inhabitants their little police state. Also, if you are following the GPS story – not only can they put it on your car; if you remove it from YOUR PROPERTY; they come and demand their property back and accuse of obstructing justice. It is interesting that this is all happening in Cali.

  • Anonymous

    So if you ever hear “put your hands behind your back” it means the 4th Amendment is immediately null and void for you. The police can look into all your “persons, houses, papers, and effects” after that statement and after placing you under arrest. Any pretext can be used to place a person under arrest. For example if a cop tells you to move and you take 2 seconds instead of 1 second, you are impeding an investigation and can be placed under arrest. Then apparently you have immediately lost all right to personal privacy.

  • Anonymous

    I knew this was coming, they’d proble lock me up and through away the key. Cause I don’t carry, or use any of that stuff.

  • Anonymous

    its not hard to see technology is not in the constitution, and that privacy laws can easily be manipulated to exclude new devices. why dont you call for new legislative, digital legislation that protects privacy for all new technologies?

  • Anonymous

    i realize i was mixing your profile photo with DJ BALL, or if you prefer, dj crazypants

  • http://pulse.yahoo.com/_PCHLMPBJKYTW3LJBHZEZMO3TXQ What Ever

    Law and order at the cost of Democracy, are we really gullible?

  • http://pulse.yahoo.com/_PCHLMPBJKYTW3LJBHZEZMO3TXQ What Ever

    Law and order at the cost of Democracy, are we really gullible?

  • Anonymous

    California is a hell hole…. born and raised there and escaped 13 years ago.

  • Anonymous

    California is a hell hole…. born and raised there and escaped 13 years ago.

  • Anonymous

    They need a warrant.

    I will be voting against these justices.

  • Anonymous

    They need a warrant.

    I will be voting against these justices.

  • Anonymous

    They need a warrant.

    I will be voting against these justices.

  • Anonymous

    Where do you live now?

  • Anonymous

    Where do you live now?

  • Anonymous

    Where do you live now?

  • http://pulse.yahoo.com/_7BZRSB7L5J2XTOMVEBBRH5SAUU freedom watcher

    how could the cops tell if the phone is the property of the arrestee,,,,,,,what if they search the wrong phone? can they be sued?

  • Anonymous

    Trading our liberty for perceived security. It was predicted, and now we have neither.

  • http://pulse.yahoo.com/_7BZRSB7L5J2XTOMVEBBRH5SAUU freedom watcher

    what if the cops pull over a bus driver,,,,,,, can they serach everyone’s phone that is on the bus?,,,,,, on face value, this renderering of the situation seems to be an obvious violaton of the right of privacy.

  • http://DougBuchanan.com DougBuchanan.com

    I was amused to have been pulled over in Alaska for an “inoperative license plate light”, during the day. Despite my flawless cooperation, which I enjoyed, and their initial statement that I would not be arrested, and perhaps because the Alaska cops discovered that I was DougBuchanan.com, I was arrested for that inoperative light, so they could search and seize, put through over an hour of “the drill”, in handcuffs twisted to induce pain, while they (from 3 cop cars) rummaged through my car, found nothing of value to steal, took and kept my pocket change ($3) and private legal documents, and gave me a fraudulent citation with no effect, as an excuse.

    Welcome to Alaska (and the New United States -NUS). You are under arrest !

    No problem. On the morning of the collapse of every empire, it is replete with clueless personnel, including court judges, who are confused by how the people became so angry so suddenly. It was not sudden.

    Respectfully, DougBuchanan.com

  • http://DougBuchanan.com DougBuchanan.com

    I was amused to have been pulled over in Alaska for an “inoperative license plate light”, during the day. Despite my flawless cooperation, which I enjoyed, and their initial statement that I would not be arrested, and perhaps because the Alaska cops discovered that I was DougBuchanan.com, I was arrested for that inoperative light, so they could search and seize, put through over an hour of “the drill”, in handcuffs twisted to induce pain, while they (from 3 cop cars) rummaged through my car, found nothing of value to steal, took and kept my pocket change ($3) and private legal documents, and gave me a fraudulent citation with no effect, as an excuse.

    Welcome to Alaska (and the New United States -NUS). You are under arrest !

    No problem. On the morning of the collapse of every empire, it is replete with clueless personnel, including court judges, who are confused by how the people became so angry so suddenly. It was not sudden.

    Respectfully, DougBuchanan.com

  • http://DougBuchanan.com DougBuchanan.com

    I was amused to have been pulled over in Alaska for an “inoperative license plate light”, during the day. Despite my flawless cooperation, which I enjoyed, and their initial statement that I would not be arrested, and perhaps because the Alaska cops discovered that I was DougBuchanan.com, I was arrested for that inoperative light, so they could search and seize, put through over an hour of “the drill”, in handcuffs twisted to induce pain, while they (from 3 cop cars) rummaged through my car, found nothing of value to steal, took and kept my pocket change ($3) and private legal documents, and gave me a fraudulent citation with no effect, as an excuse.

    Welcome to Alaska (and the New United States -NUS). You are under arrest !

    No problem. On the morning of the collapse of every empire, it is replete with clueless personnel, including court judges, who are confused by how the people became so angry so suddenly. It was not sudden.

    Respectfully, DougBuchanan.com

  • http://DougBuchanan.com DougBuchanan.com

    I was amused to have been pulled over in Alaska for an “inoperative license plate light”, during the day. Despite my flawless cooperation, which I enjoyed, and their initial statement that I would not be arrested, and perhaps because the Alaska cops discovered that I was DougBuchanan.com, I was arrested for that inoperative light, so they could search and seize, put through over an hour of “the drill”, in handcuffs twisted to induce pain, while they (from 3 cop cars) rummaged through my car, found nothing of value to steal, took and kept my pocket change ($3) and private legal documents, and gave me a fraudulent citation with no effect, as an excuse.

    Welcome to Alaska (and the New United States -NUS). You are under arrest !

    No problem. On the morning of the collapse of every empire, it is replete with clueless personnel, including court judges, who are confused by how the people became so angry so suddenly. It was not sudden.

    Respectfully, DougBuchanan.com

  • Anonymous

    Sure.

    They can shoot everyone on the bus if they like.

    9/11 changed EVERYTHING. Remember?

    There are 310,000,000 Al Qaeda suspects at large in the USA – and to date not one of them has proved conclusively they are NOT an AQ operative.

  • Anonymous

    They have not even help a trial for them yet.

  • http://pulse.yahoo.com/_IPV6LRYFLBF6AYBLXYMS6L3XGQ chris

    sneak & peek

  • http://pulse.yahoo.com/_IPV6LRYFLBF6AYBLXYMS6L3XGQ chris

    sneak & peek

  • http://www.facebook.com/people/Scottie-Freeman/1602011877 Scottie Freeman

    walking into a dimly lit Italian restaurant , the patron looked at the host and says “how do you see anything in this place?” The host replies “don’t worry your eyes will adjust to the darkness”

  • http://www.facebook.com/people/Scottie-Freeman/1602011877 Scottie Freeman

    walking into a dimly lit Italian restaurant , the patron looked at the host and says “how do you see anything in this place?” The host replies “don’t worry your eyes will adjust to the darkness”

  • Investigate-NWO-globalists

    Sure does seem our Courts are in bed with the corporatists! Looks like fascism to me!

  • http://pulse.yahoo.com/_E2VPXFDR42AXFH3FMQVAR5OATY JustMichael

    Someone toward the bottom of the comments pasted the 4th Amendment. Here it is again.

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    Seems fairly clear to me. We don’t need to add cell phones, laptops, smart phones etc… the word “effects” is pretty obvious. I can read, all of the words are pretty simple. Microsoft Word says there are only 54 words and the spelling and gramar are correct. Now, it does have a fairly high Flesch Level (15.7) and Flesch-Kincaid Grade level is off the charts (24.4) for most everyone today, but with perseverance, I believe, even the CSC should be able to understand it.

    But then, obviously, my expectations are entirely too high.

  • http://quiscus.wordpress.com/2011/01/05/january-5-2010-2/ January 5, 2010 « Quis Custodiet Ipsos Custodes?
  • Anonymous

    if i learned anything from judge dredd its that all police should also be judges, and therefor issue warrants on the spot, search, then convict and sentence citizens and if necessary execute them on the spot. it totally worked for judge dredd.

  • http://truthisscary.com/?p=9281 Calif. Supreme Court approves warrantless Data seizures by Police | Truth Is Scary

    [...] By Stephen C. Webster/ RawStory [...]

  • http://pulse.yahoo.com/_RV4UX3FC2DZCQGMIGFMEQQL76Q Sasha Lemure

    sorry, double post….

  • http://pulse.yahoo.com/_RV4UX3FC2DZCQGMIGFMEQQL76Q Sasha Lemure

    what about your 5th amendment right not to incriminate yourself? it seams like that could be violated as well. I remember a while back a guy went through the tsa checkpoint and refused to give the agent his password to his laptop. I believe he eventually was able to keep the contents secure under the 5th.

  • http://profiles.yahoo.com/u/XZOZFUWR3YKJ25ZUAQQZWO7R6I SR

    Brother, your clothes are a little dusty after just falling off the turnip truck. But you’re with us now so let me get you up to speed. This is about far more than 1 crappy ruling– its about a constant stream of crappy, anti-liberty, pro-state rulings that remove our basic protections and rights as American citizens…. from torture, to searches and seizures, to our basic right to petition our government for a redress of our grievances and assemble peacably, slowly but surely all our rights are being widdled away.

  • http://profiles.yahoo.com/u/XZOZFUWR3YKJ25ZUAQQZWO7R6I SR

    Brother, your clothes are a little dusty after just falling off the turnip truck. But you’re with us now so let me get you up to speed. This is about far more than 1 crappy ruling– its about a constant stream of crappy, anti-liberty, pro-state rulings that remove our basic protections and rights as American citizens…. from torture, to searches and seizures, to our basic right to petition our government for a redress of our grievances and assemble peacably, slowly but surely all our rights are being widdled away.

  • Anonymous

    no but they will throw you in jail until you give up those passwords

  • http://pulse.yahoo.com/_YHVGE2V2HMBQEZ4O3C63KXDYNA Adam S

    So long, cell phone. I don’t actually need you any more. You’re a nice convenience, but I can live without you…

  • Anonymous

    remind me, how many provisions of the Bill of Rights are still actually in effect in america these days?

  • Anonymous

    remind me, how many provisions of the Bill of Rights are still actually in effect in america these days?

  • Anonymous

    does it comfort you, lumping a ruling on cell phone privacy together with gitmo? when is the last time you did something as remotely political as the tea party members do? start spreading the word that digital privacy is a mandate from our generation, stop crawling into a hole at how bad its getting, and start doing something other than complaining.

  • Anonymous

    Oh damn. I wondered how that “amygdala” finding was going to play out. I can see it now: if the scan reveals that you have a “small” one you are sent to the labor camps so that your ability to think will not create problems and the system can continue to function unchallenged.

    The NEOCON”s better hope that us progressives don’t develope a “mean” gene because I have see great use for warriors………Damn the NEOCON’s are already using them for cannon fodder!

  • Anonymous

    Oh damn. I wondered how that “amygdala” finding was going to play out. I can see it now: if the scan reveals that you have a “small” one you are sent to the labor camps so that your ability to think will not create problems and the system can continue to function unchallenged.

    The NEOCON”s better hope that us progressives don’t develope a “mean” gene because I have see great use for warriors………Damn the NEOCON’s are already using them for cannon fodder!

  • Anonymous

    Oh damn. I wondered how that “amygdala” finding was going to play out. I can see it now: if the scan reveals that you have a “small” one you are sent to the labor camps so that your ability to think will not create problems and the system can continue to function unchallenged.

    The NEOCON”s better hope that us progressives don’t develope a “mean” gene because I have see great use for warriors………Damn the NEOCON’s are already using them for cannon fodder!

  • http://waronyou.com/topics/israel-said-it-would-keep-gaza-near-collapse-wikileaks/ Israel said it would keep Gaza near collapse: WikiLeaks | War On You: Breaking Alternative News

    [...] http://www.rawstory.com/rs/201…/ Flag 4 people liked this. [...]

  • http://jimlunsford.com/my-internet-activity/my-internet-activity-as-of-1008pm-january-7th/ My Internet Activity as of 10:08pm January 7th | Jim Lunsford's Lunsford Land

    [...] Shared Calif. Supreme Court approves warrantless data seizures by police | Raw Story. [...]