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In a major statement on privacy rights in the digital age, the Supreme Court on Wednesday unanimously ruled that the police need warrants to search the cellphones of people they arrest.
Chief Justice John G. Roberts Jr., writing for the court, said the vast amount of data contained on modern cellphones must be protected from routine inspection.The court heard arguments in April in two cases on the issue, but issued a single decision.
The first case, Riley v. California, No. 13-132, arose from the arrest of David L. Riley, who was pulled over in San Diego in 2009 for having an expired auto registration. The police found loaded guns in his car and, on inspecting Mr. Riley’s smartphone, entries they associated with a street gang. A more comprehensive search of the phone led to information that linked Mr. Riley to a shooting. He was later convicted of attempted murder and sentenced to 15 years to life in prison. A California appeals court said neither search had required a warrant.
The second case, United States v. Wurie, No. 13-212, involved a search of the call log of the flip phone of Brima Wurie, who was arrested in 2007 in Boston and charged with gun and drug crimes. The federal appeals court in Boston last year threw out the evidence found on Mr. Wurie’s phone.
News organizations, including The New York Times, filed a brief supporting Mr. Riley and Mr. Wurie in which they argued that cellphone searches can compromise news gathering. The courts have long allowed warrantless searches in connection with arrests, saying they are justified by the need to protect police officers and to prevent the destruction of evidence. The Justice Department, in its Supreme Court briefs, said the old rule should apply to the new devices.
Others say there must be a different standard because of the sheer amount of data on and available through cellphones. “Today, many Americans store their most personal ‘papers’ and ‘effects’ in electronic format on a cellphone, carried on the person,” Judge Norman H. Stahl wrote for a divided three-judge panel in Mr. Wurie’s case, quoting the words of the Fourth Amendment.
More here at the New York Times.
no subject
Date: 2014-06-25 04:17 pm (UTC)no subject
Date: 2014-06-25 04:26 pm (UTC)I'm not usually a big defender of big business,
but what Aereo was doing did seem to me
like a plain rip-off.
Though, they were just capturing signals
that are freely flown in the air, yes?
If this is right, I imagine the networks might
just start doing what Aereo was doing
and get more of that Internet money.
But I'm sort of floundering here. I haven't
followed closely and I'm not sure about
the technological issues. If my guesses
are right, in the interest of justice,
the networks should make a nice
payment to Aereo for their innovation,
if the networks take it up.
no subject
Date: 2014-06-25 04:32 pm (UTC)In the 1970s, cable companies in my home town would carry out of town (usually independent TV stations) on their systems. In my hometown in Virginia, we were able to watch at least three stations out of our broadcast area: WXEX - ABC affiliate in Richmond Petersburg. Then WDCA - 20 out of Washington, DC. And then WTTG - 5 also out of Washington DC. It was cool I thought. Back then a lot of local stations did hoakey horror movie shows on Saturday night. WXEX had the "Bowman Body" and I know WDCA had their station manager host a show as a vampire. WTTG, which at that time had Maury Povitch who did local news at 12 noon.
The stations complained to the FCC and a ruling was made, cable companies had to pay the stations (and obviously get permission). But my gut reaction at the time was the advertisers on those stations would have loved the extra coverage, and the stations wouldn't have cared so much. But no more "Bowman Body" :-(
no subject
Date: 2014-06-25 04:38 pm (UTC)that makes it easy to get network TV on the Net,
such that the networks might take over the technology,
or is it easy enough for them to deal with Hulu and such?
no subject
Date: 2014-06-25 04:40 pm (UTC)no subject
Date: 2014-06-25 06:41 pm (UTC)Also can you type like a normal person again?
no subject
Date: 2014-06-25 06:48 pm (UTC)I would be willing to consider that, if you can tell me the downside of my short lines. I think it's easier to read than to have to follow a line all the way across the computer screen - narrow columns instead of broad ones. I understand that it even makes for quicker reading. Plus, sometimes I like to give vent to a poetic spirit. Why does it bug you?
no subject
Date: 2014-06-25 06:57 pm (UTC)Its fine if you want to be poetic, but it did not seem like it with that
no subject
Date: 2014-06-25 07:06 pm (UTC)as an example,
is it better for being broken in clearer sense lines?,
rather than broken more randomly.
Or is this still harder to read for you?
no subject
Date: 2014-06-25 07:29 pm (UTC)no subject
Date: 2014-06-25 07:35 pm (UTC)no subject
Date: 2014-06-25 08:04 pm (UTC)I try to set my images to 600 pixels wide (that was because when LJ had specific style sheets, anything over 600 pixels tended to disrupt some friends LJ feeds, and I tend to like larger images over smaller ones, so it seemed at the time a happy medium.
no subject
Date: 2014-06-25 11:29 pm (UTC)You can call it a "poetic spirit," but to me it comes off like you're not a native English speaker or you have some kind of cognitive limitation.
no subject
Date: 2014-06-25 11:33 pm (UTC)no subject
Date: 2014-06-25 04:43 pm (UTC)no subject
Date: 2014-06-26 01:03 am (UTC)no subject
Date: 2014-06-27 05:20 am (UTC)no subject
Date: 2014-06-27 08:47 am (UTC)no subject
Date: 2014-06-25 04:26 pm (UTC)I mean boo.
no subject
Date: 2014-06-25 04:55 pm (UTC)30-day free trial offer expires July 8.
no subject
Date: 2014-06-25 06:38 pm (UTC)It has been and will continue to be illegal to do that.
no subject
Date: 2014-06-25 07:01 pm (UTC)no subject
Date: 2014-06-25 07:54 pm (UTC)Cable rents are a whole 'nother can of shitty whoopass ready to descend.
no subject
Date: 2014-06-25 08:10 pm (UTC)no subject
Date: 2014-06-25 08:29 pm (UTC)no subject
Date: 2014-06-25 08:43 pm (UTC)I like my off-network channels like BBC America and MeTV (which has stuff like old Star Trek and Wonder Woman episodes).
no subject
Date: 2014-06-25 08:52 pm (UTC)I wished like hell Google Fiber (https://fiber.google.com/about/) would come to NYC. It has great reviews so far. And pretty reasonable for unbelievable speeds that you'd get.
no subject
Date: 2014-06-26 01:38 am (UTC)Let's get a petition going! (jus kidding)
no subject
Date: 2014-06-26 01:36 am (UTC)I'd ask who does this anymore, but I know the answer (and sorry if it offends) but it's people over 30.
I am 90% sure anything you watch on the boob tube, I can find on the YouTube (or alternative internet viewing method)
TV is like having a physical dictionary, the Internet is like having Urban Dictionary(.com)
Any word you'll find in the physical dictionary, is almost certainly in the virtual dictionary
And many in the virtual one are not in the physical one
Do you not know the online methods of watching TV/Movies? Or is it somehow too much work?
no subject
Date: 2014-06-26 03:07 am (UTC)Online methods work sometimes but I've had more problems than not.