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7th Circuit ponders search of cell phone

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The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.

In United States of America v. Abel Flores-Lopez, No. 10-3803, police suspected Abel Flores-Lopez supplied drugs to dealer Alberto Santana-Cabrera, who then unknowingly sold them to a police informant. Police tracked down Flores-Lopez and Santana-Cabrera and arrested them. Police seized a cell phone on Flores-Lopez and two from the truck he was in. Flores-Lopez only admitted to owning the one found on him. Police searched that phone at the scene of the arrest to obtain Flores-Lopez’s phone number. That number was used to produce three months of the phone’s call history, which was introduced into evidence.

Flores-Lopez objected to the admittance, but that was overruled. He argued that the search was unreasonable because police didn’t have a warrant, so the evidence obtained from the phone company shouldn’t be admitted.

Judge Richard Posner examined the issue by comparing modern cell phones to computers and whether just looking for a phone’s number – and nothing more – is allowed without a warrant. Cell phones are containers of data, much like a diary, but also go beyond diaries because they contain far more personal and private information and data, he wrote.

“It’s not even clear that we need a rule of law specific to cell phones or other computers. If police are entitled to open a pocket diary to copy the owner’s address, they should be entitled to turn on a cell phone to learn its number,” Posner wrote.

He also looked at the urgency issue – do police need to obtain the cell phone’s number right away? There is the possibility of an arrestee erasing all the data from his phone, either on scene or remotely.

In the end, the appellate court decided the invasion of privacy by looking for just a cell phone number of a phone was slight. It could be obtained by doing a quick search on the phone and without seeing other data.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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