Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

6/25/2014 (1 year ago)

Catholic Online (www.catholic.org)

Police will need a warrant to search cellphones.

The Supreme Court has told police they need to get a warrant before they start snooping in cellphones. The decision was unanimous and should curtail police invasions of privacy that have become all too frequent.

The Supreme Court has ruled police will need a warrant before they go searching cellphones without probable cause.

The Supreme Court has ruled police will need a warrant before they go searching cellphones without probable cause.

Highlights

By Catholic Online (NEWS CONSORTIUM)

Catholic Online (www.catholic.org)

6/25/2014 (1 year ago)

Published in Politics & Policy

Keywords: Supreme Court, warrent, cell phones, searches, warrant


WASHINGTON, DC (Catholic Online) - Police across the United States have faced growing criticism and public backlash over their tactics which are seen as increasingly militant and excessive. Among those tactics is the routine search of a person's cell phone records during a detention. Critics have accused the police of fishing for clues in situations where they have no business.

Today, the Supreme Court unanimously agreed, ruling that police will need a warrant, at least in most cases, before searching a cellphone or smartphone.

Pray for our nation!

The justices ruled on two cases, one from California and one from Massachusetts.

Police claim they need to be able to quickly search cellphones for evidence that could provide clues in cases where time could be of the essence. However, the justices acknowledged this fact and still ruled in favor of privacy. "We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime," Chief Justice John Roberts explained. "Privacy comes at a cost."

The two cases involved searches of cellphones in California and Massachusetts which had already been tossed out by lower courts, but were brought before the Supreme Court on appeal. The judges explained that because smartphones contain so much personal information, a warrantless search could breach privacy rights guaranteed by the Fifth Amendment.

The court did say that police could still search phones in "exigent circumstances." However, broad sweeps of data and warrantless searches of cell phones cannot take place without a warrant.

The Constitution has long been interpreted to say that police can search an individual and their property, but only for those things specified in a warrant. For example, if a person is thought to be hiding a physical object and the warrant authorizes a search or it, then police can search anyplace that object may be. However, they cannot search in places where it cannot be, because that amounts to fishing for evidence.

Police can still make an arrest and charge defendants with other crimes when evidence of additional crimes is obvious, but they cannot go searching without a warrant or probable cause.

Today's ruling comes amid previous rulings that permit authorities to take DNA swabs from arrested individuals and add their DNA to a database for unsolved crimes. It also contrasts with a ruling that police can conduct strip searches of prisoners without probable cause.

However, police need a warrant to attach a GPS device to a person's car or to bring a drug sniffing dog to a house.

Americans are becoming increasingly sensitive about their privacy, as many realize that their most intimate personal information is being aggregated, monitored and monetized by third parties. Normally it is private industry engaged in this behavior, looking for ways to market to people. Recently, federal and local law enforcement have been revealed to be doing it too, in an effort to hoover up vast quantities of data and reveal potential suspects.

In a free society, a balance must be struck between personal liberty and personal safety. Safety is often cited as a reason to diminish personal privacy. However, Americans have made clear that privacy is of value to them, just as it was to the framers of the Constitution. Nor does the government have an absolute, overriding mandate to guarantee perfect safety either.

To a great degree, personal privacy and safety are individual responsibilities. In a free society a government and its police cannot have permission to take these without good, specific reasons. This is why we have warrants and permit judicial review before police start searching and arresting people.

Justice Roberts is right. Freedom, privacy and liberty have a cost.  So too does safety. Today the court has told police how far they can go to protect safety. Given the increasingly aggressive nature of law enforcement tactics, it's time someone reigned them in.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2016 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for May 2016
Universal:
Respect for Women: That in every country of the world, women may be honored and respected and that their essential contribution to society may be highly esteemed.
Evangelization: Holy Rosary: That families, communities, and groups may pray the Holy Rosary for evangelization and peace.



Comments


More Politics & Policy

Obama proposes shocking $1.3 billion for illegal minors entering US Watch

Image of Children illegally cross the border from Mexico into the US (Breitbart Texas Release).

By Kenya Sinclair (CALIFORNIA NETWORK)

With US President Barack Obama's plans to provide $17,613 for every illegal minor child entering America, the first six months of 2016 has seen a jump of 78 percent in unaccompanied minors crossing the Mexican-American border. LOS ANGELES, CA (Catholic Online) - ... continue reading


Romanian hacker, 'Guccifer' drops two NEW bombshells over Clinton email server Watch

Image of Guccifer has dropped two new revelations about Clinton's email server.

By David Drudge (CALIFORNIA NETWORK)

Fox News has interviewed the Romanian hacker, Guccifer, who claims it was easy to hack Hillary Clinton's email server and that others did so as well. Guccifer is being held in an American jail on unrelated hacking charges, but he agreed to speak exclusively to Fox ... continue reading


Too little too late: $75.5 million anti-Trump ads not enough Watch

Image of Who can stop Trump? Apparently, no one (Twitter).

By Kenya Sinclair (CALIFORNIA NETWORK)

Donald Trump has several critics, most of whom have invested in a $75.5 million anti-Trump campaign, but the American people have spoken and Donald Trump remains the last standing Republican nominee. LOS ANGELES, CA (Catholic Online) - Donald Trump has been criticized ... continue reading


Hoosier Daddy: Trump wins Indiana in a Landslide Watch

Image of With Cruz out of the race, the nomination is in the bag for Trump (starcasm).

By Kenya Sinclair (CALIFORNIA NETWORK)

Donald Trump beat out Ted Cruz in Indiana's primary, leading Cruz to make a startling announcement and Kasich to drop out. LOS ANGELES, CA (Catholic Online) - "I've said I would continue on as long as there was a viable path to victory; tonight I'm sorry to say it ... continue reading


ICE gets more money, deports fewer illegals. Where's the money going? Watch

Image of Illegal immigrants cross the border with little risk of repercussion.

By David Drudge (CALIFORNIA NETWORK)

Where is the money going? Congress continues to allocate money to get people who don't belong in our country back home, but deportations are dropping according to new numbers. So, where is the money going? LOS ANGELES, CA (California Network) - Breitbart News has ... continue reading


New report finds religious freedom on the decline Watch

Image of Coptic Christians are among the most persecuted group in the world, and nobody is attempting to help them.

By Marshall Connolly (CALIFORNIA NETWORK)

Religious freedom worldwide is "under serious and sustained assault." This finding is the work of the United States Commission on International Religious Freedom (USCRIF). LOS ANGELES, CA (California Network) - A new report which examines religious oppression around ... continue reading


'He deserves what he gets:' Latino youths violently protest Donald Trump in Orange County Watch

Image of Trump protestors broke out in a violent riot during his Orange County rally (Reuters).

By Kenya Sinclair (CALIFORNIA NETWORK)

Thousands attended Donald Trump's Orange County rally - then broke out in violent protest. LOS ANGELES, CA (Catholic Online) - The Trump rally in Costa Mesa's Orange County Amphitheater was overflowing with supporters. There were several supporters who couldn't fit ... continue reading


New White House rules leave religious groups open to government abuse Watch

Image of Religious groups question the government's new regulations (Shutterstock).

By Kevin J. Jones (CNA/EWTN News)

The Obama administration's new rule for faith-based partnerships has drawn various reactions: one observer warned they could cause problems for partnering religious groups, while another said the action also strengthens these groups' protections against government ... continue reading


EXCLUSIVE - America, King of Propaganda: U.S. government spends billions to spew LIES to the American people. And guess what you foolish Americans, Congress made it all perfectly legal without your vote Watch

Image of

By David Drudge (CALIFORNIA NETWORK)

Have we won the ground war in Afghanistan? According to the government reports and the media, we sure have. However, this is not what one whistleblower has said, warning as early as 2012 that the American people are being deceived by the government. LOS ANGELES, CA ... continue reading


Bill De Blasio's ongoing investigation scandal fails to stop him from new fundraising efforts Watch

Image of Mayor Bill de Blasio won't talk - but his staff will (Wikipedia).

By Kenya Sinclair (CALIFORNIA NETWORK)

New York Mayor Bill de Blasio's closest aides have been issued subpoenas to aid the investigation into his shady fundraising strategies. LOS ANGELES, CA (Catholic Online) - The scandal surrounding de Blasio's fundraising has made headlines since 2014, when a leaked ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

  • Daily Reading for Tuesday, May 10th, 2016 HD Video
  • Bl. Edward Jones: Saint of the Day for Friday, May 06, 2016
  • 'The doctors were shocked': Conjoined twins share unusual bond
  • Daily Readings for Friday, May 06, 2016
  • Historical Jubilee documents on display!
  • The gruesome way scientists are killing unborn babies in school ...
  • Daily Reading for Monday, May 9th, 2016 HD Video

Daily Readings

Reading 1, Acts 1:1-11
1 In my earlier work, Theophilus, I dealt with everything Jesus had done ... Read More

Psalm, Psalms 47:2-3, 6-7, 8-9
2 For Yahweh, the Most High, is glorious, the great king over all the ... Read More

Gospel, Luke 24:46-53
46 and he said to them, 'So it is written that the Christ would suffer ... Read More

Reading 2, Ephesians 1:17-23
17 May the God of our Lord Jesus Christ, the Father of glory, give you a ... Read More

Saint of the Day

Saint of the Day for May 5th, 2016 Image

St. Hilary of Arles
May 5: Bishop of Arles, France, and friend and relative ... Read More