Change! Obama Asks Supreme Court to Allow Warrantless Cellphone Searches

Posted by on Aug 20, 2013 at 6:43 am

They said if we voted for Mitt Romney our freedom and liberties would be further eroded, and they were right! OK, I stole that from Glenn Reynolds, but you get the idea.

If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches.

In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs, cash and guns.

The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man’s argument, ruling that the police should have gotten a warrant before accessing any information on the man’s phone.

The Obama Administration disagrees. In a petition filed earlier this month asking the Supreme Court to hear the case, the government argues that the First Circuit’s ruling conflicts with the rulings of several other appeals courts, as well as with earlier Supreme Court cases. Those earlier cases have given the police broad discretion to search possessions on the person of an arrested suspect, including notebooks, calendars and pagers. The government contends that a cellphone is no different than any other object a suspect might be carrying.

Meanwhile, we really dodged a bullet by avoiding a theocratic Palin presidency where the state would be violating the rights of gays with impunity. Oh, wait…

Glenn Greenwald, the reporter who broke the news about secret U.S. surveillance programs, said the authorities who took his partner into custody at London’s Heathrow Airport “are going to regret what they did.”

“I am going to write my stories a lot more aggressively now,” the Guardian reporter told Brazil’s Globo TV on Monday in Rio de Janeiro.

“I am going to publish many more documents now. I am going to publish a lot about England, too, I have a lot of documents about the espionage system in England. Now my focus is going to be that as well.”

Greenwald’s partner, 28-year-old David Miranda, was held for nearly nine hours. He was reportedly passing through the airport on his way home to Brazil after leaving Berlin. Authorities seized his laptop, phone, and other materials.

The White House knew the move was coming.

But don’t forget, it’s the right that wants to deny your freedoms or something. Next thing you know the IRS will be targeting political opponents of the regime.

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