Wednesday, June 25, 2014

Your Cell Phone Is Constitutionally Protected

John Lott's Website: Note that the Obama administration supported police being able to search people's cell phones without a search warrant:

The Constitution still stands, and it's a "living document" in the sense that  your private communications cannot be examined without a warrant.

(Thanks to John Lott for keeping us informed about this.)

What this means is that the Law enforcement people who have braced you for ... say ... allowing your dog to run unleashed in the county park, cannot casually browse through your text messages to determine whether you INTENDED to do so.

And they cannot use any information they found there as evidence of any other information; including evidence of a felony.

So if you just bought a new shotgun and you've used your phone to tell your best friend how neat it is, they can't start their own 'unofficial' Gun Registration Database using information gathered there.

Does this apply to email?  Well, if you sent the message to your friend, that's presumably banned.  If you have accessed your email through your computer?  Since the phone is able to send email as readily as your computer, it's a logical extension to assume that is also constitutionally protected.

However, I don't have any references to specifically declare it.  So if you have the tagline saying "Sent from my IPOD" or "Sent from my ANDROID" ... it wouldn't hurt to delete that default setting.

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