Comments Subscribe to Personal Liberty News Feed Subscribe to Personal Liberty
 

More Privacy Lost

January 5, 2011 by  

More Privacy Lost

A California Supreme Court ruled Jan. 3 that defendants lose their rights to privacy for any items they’re carrying — including electronic devices — when they’re taken into custody.

The 5-2 ruling came in a drug case involving Gregory Diaz who was arrested after police say they watched him make a drug deal. Police searched Diaz’s cell phone and found a text message that linked him to the sale, according to the Court.

The decision allows police “to rummage at leisure through a wealth of personal and business information that can be carried on a mobile phone or handheld computer merely because the device was taken from an arrestee’s person,” Justice Kathryn Mickle Werdegar said, according to a report in the San Francisco Chronicle. She was joined in dissent by Justice Carlos Moreno.

This is an issue that has divided the courts and so will probably end up in the United States Supreme Court. In 2007 a U.S. District Judge in San Francisco ruled that police had violated drug defendants’ rights by searching their cell phones after their arrests. The Ohio Supreme Court reached a similar decision in 2009, according to the report in the Chronicle.

The latest California ruling has devastating consequences for privacy. If you are suspected of committing a crime and are detained by police — in California, at least — they can search through any electronic device you are carrying. With the wealth of data that people store in their telephones and computers today, this opens up a person’s entire life history to scrutiny by law enforcement. In a country where almost every action has become a crime (see Three Felonies A Day: How The Feds Target The Innocent) this could subject innocent people — from the original suspect to his business associates and friends — to a myriad of legal problems.

The 4th Amendment is a clear indication of what the Founding Fathers thought about the potential for the State to abuse its citizens through unreasonable searches and seizures. But in a police state — like the one America has become — a silly thing like “The Bill of Rights” has no meaning.

Bob Livingston

founder of Personal Liberty Digest™, is an ultra-conservative American author and editor of The Bob Livingston Letter™, in circulation since 1969. Bob has devoted much of his life to research and the quest for truth on a variety of subjects. Bob specializes in health issues such as nutritional supplements and alternatives to drugs, as well as issues of privacy (both personal and financial), asset protection and the preservation of freedom.

Facebook Conversations

Join the Discussion:
View Comments to “More Privacy Lost”

Comment Policy: We encourage an open discussion with a wide range of viewpoints, even extreme ones, but we will not tolerate racism, profanity or slanderous comments toward the author(s) or comment participants. Make your case passionately, but civilly. Please don't stoop to name calling. We use filters for spam protection. If your comment does not appear, it is likely because it violates the above policy or contains links or language typical of spam. We reserve the right to remove comments at our discretion.

Is there news related to personal liberty happening in your area? Contact us at newstips@personalliberty.com

Bottom
close[X]

Sign Up For Personal Liberty Digest™!

PL Badge

Welcome to PersonalLiberty.com,
America's #1 Source for Libertarian News!

To join our group of freedom-loving individuals and to get alerts as well as late-breaking conservative news from Personal Liberty Digest™...

Privacy PolicyYou can opt out at any time. We protect your information like a mother hen. We will not sell or rent your email address to anyone for any reason.