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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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