Must Police Use a Warrant to Search a Suspect's Cell Phone?

Asked by: CWSThayer
  • "Test if it Works"

    @CWSThayer Your Argument is invalid " Seeing if the posting work for my class. This is just a test." This is sooooo wrong . "posting for a class" is against the constitutional right. You cant Just be like "This is just a Test" How would you feel if someone said. " hey Just a test." any human being would feel confused. So Test if it works so constitutional wrong.

  • A Rapidly Advancing Technological World

    In a world where technology is quickly advancing, everyone puts more personal information on their phones. Because our phones are as important with the information on them, it seems that if police were to tap or search them, it would violate our right to be free from search and seizure; unless there was a reason backed by law and evidence.

  • This is a no brainer.

    Are you serious. Your phone is kinda like your house. YOU DONT WANT STRANGERS ENTERING INTO BOTH. That is an invasion of privacy. Would you like them to search your phone with out a warrant? I HOPE NOT. If you dont mind you might as well give complete strangers your phone to use and look through.

  • It is just as private as your home

    Testing if it works is a legitimate process IF DONE CORRECTLY. The correct process for testing is a phone works is just turning it on to make sure it's actually a phone, that is it. Nothing else. Actually going through the information on the phone is a massive privacy breach! What people keep on their phone is personal, often even more personal than what you would find if you dug through their house. A warrant needs to be acquired before you can breach that privacy.

  • Invasion of Privacy!

    Phone is an extension of your home, like your car. Also, Why would police need to search a phone if the evidence is not enough to get a search warrant? Constitution says your items cannot be searched or seized without a search/seizure warrant. Yes, Police should need a warrant to search a suspects cell phone.

  • Invasion of privacy

    A cell phone is as much a phone as a land line, and you need a warrant to wiretap a land line. Since the main purpose of a cell phone is to make and receive calls they should receive the same protection. Smart phones should be more protected than land lines, because they contain far more personal information and, in the cases of smart phones, access to personal email, internet history, photos and videos, whatever.

  • Invasion of Privacy

    Your cellphone just like your car may contain personal files or documents that should not be viewed by some bull crap officer who thinks that because they enforce the laws they don't have to follow them. I think that if we start allowing the police to get away with things like this what will they try next. Soon they'll be walking into your house saying that they want to search it just because they saw you smoking a cigarette on you front porch. So yes the police should require a warrant to search your cellphone along with any of your personal belongings.

  • Depends on the severity of the violation.

    The Supreme Court has ruled that a warrant would be required where criminal charges are minor and do not involve the phone. For example, if the violation is for littering, no phone search would be allowed without a warrant. If on the other hand the violation is for accepting stolen property with a high value, it would be acceptable to search the phone, if on the person at time of arrest. Obviously the police would be looking for other "perps" in the crime itself.

  • It really depends.

    Going out and saying "Yes" is completely stupid, we need much more to go on then "suspect".

    I read the article on this and it specifically says "Of people they arrest" which means you already did something warranting you being arrested in the first place which means if they needed a warrant odds are any judge would supply one seeing as you can be held for 24 hours.

    I think everyone over-estimates the "protection" a warrant can provide. If a police offer can arrest you there is a VERY good shot that they can get a judge to give them a warrant for anything, all they need is for you to be a suspect.

    Seriously though, you had to already be arrested for this to be an issue. If police arrest you I doubt they care about your facebook status or your best friends selfies on your phone, they are looking for something more incriminating and if you have something incriminating on your phone you are an idiot anyway.

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