SCOTUS: Police Need a Warrant to Search Your Phone

Discussion in 'Politics, Religion, Social Issues' started by bradl, Jun 25, 2014.

  1. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #1
    Many outlets have reported on this one, but Gizmodo actually has some good highlights from the unanimous decision SCOTUS handed down today.

    I'm going to split this into two posts as this appears to be very long, so here's part one.

    http://gizmodo.com/9-highlights-from-todays-supreme-court-cell-phone-priva-1595884348

    More on this as well as my thoughts in the next post.

    BL.
     
  2. Happybunny macrumors 68000

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    #2
    Given how much personal information our phone have, I say it's only right.
     
  3. shinji macrumors 65816

    shinji

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    #3
    We'll see what the NSA thinks about that one.
     
  4. ucfgrad93 macrumors P6

    ucfgrad93

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    #4
    Agreed. This is a good decision by SCOTUS.
     
  5. bradl thread starter macrumors 68040

    bradl

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    #5
    And here is part two, picking up where the OP left off.

    I have put in bold here the issue that I have. There is nothing to limit the bounds of the warrant used in the search. If cloud services are connected to the phone, would that give the police/authorities free reign on your data stored within that cloud service? If so, then we only have one barrier to prevent such a search, and that is this warrant. On the other side of that, if they search data stored in one's service in the cloud, would that require a second warrant for police to search? Or, would this be that 3rd party I alluded to earlier that would only require a subpoena to go through your data, violating your 4th amendment right?

    On the whole, this is good for the people, but needs a bit more power and clarification as far as the bounds of the warrant. But what say you about this ruling? Good thing? Bad thing? didn't go far enough?

    BL.
     
  6. Southern Dad macrumors 65816

    Southern Dad

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    #6
    They'd have 64 Gigabytes of boredom if they took my iPhone for a search.
     
  7. edk99 macrumors 6502a

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    FL
    #7
    NSA does not follow the law so they don't care.
     
  8. rdowns macrumors Penryn

    rdowns

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    #8
    Wow, 9-0 and a correct decision. **** it, I'm buying a lottery ticket for tonight.

    Oh, you save all your MR posts on your phone? ;)
     
  9. hulugu macrumors 68000

    hulugu

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    the faraway towns
    #9
    The cynical part of me wants to say that the decision was so obvious that for anyone to break with the other justices would have been a clear case of malpractice. The rest of me is wondering how this decision affects DHS searches of laptops.

    I had my laptop pulled and a DHS agent demanded my password.

    "Sure," I said "It's "callmylawyer."
     
  10. Southern Dad macrumors 65816

    Southern Dad

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    #10
    I do post some of them from it but my iPhone is full of videos, photos, podcasts and a songs. Mostly photos and videos. Go to Disney World for a week with a couple kids and see if you are a shutter snapping fool. If I didn't pack two Mophies my batteries would be toast by noon.
     
  11. MacNut macrumors Core

    MacNut

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    #11
    At least the SCOTUS had one good decision today.
     
  12. rdowns macrumors Penryn

    rdowns

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    #12

    Yeah, I think the ****ed up the Aereo case.
     
  13. LIVEFRMNYC macrumors 603

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    #13
    If they take my phone even with a warrant. I'll just run to the nearest browser and wipe my phone clean. :D
     
  14. vrDrew macrumors 65816

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    #14
    Not if they put the phone in a Faraday bag. Like police departments are increasingly doing if they think they want to take a closer look at your phone.
     
  15. APlotdevice macrumors 68040

    APlotdevice

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    #15
    They can also just switch the phone to airplane mode.
     
  16. MacNut macrumors Core

    MacNut

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    #16
    Can a remote wipe override airplane mode?
     
  17. Southern Dad macrumors 65816

    Southern Dad

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  18. APlotdevice macrumors 68040

    APlotdevice

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    #18
    No. For the phone to be wiped remotely it needs to be connected to the internet.
     
  19. MacNut macrumors Core

    MacNut

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    #19
    I would think Apple thought of that when they built in the remote wipe feature. Doesn't it go by the gps chip?
     
  20. LIVEFRMNYC macrumors 603

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    #20
    Nope, not gps alone, it will just say not found. It would need to be online to send data and commands back n forth.
     
  21. pdjudd macrumors 601

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    Plymouth, MN
    #21
    How would the phone know to wipe if it is in airplane mode and unable to connect to anything?

    I think that is locally done but I bet that can be gotten around by the right tech....
     
  22. Southern Dad macrumors 65816

    Southern Dad

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    #22
    How can they put it in airplane mode if it is locked?
     
  23. rdowns macrumors Penryn

    rdowns

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    #23
    There's a setting to turn on control panel access on lock screen.
     
  24. APlotdevice macrumors 68040

    APlotdevice

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    #24
    GPS works through passive signals sent from the satellites. You can't target a specific phone with it. (GPS trackers send information back over either a cellular network or a different satellite)
     
  25. LIVEFRMNYC macrumors 603

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    Oct 27, 2009
    #25
    They can just turn off an iPhone. And some Android phones give you an option if you hold the power button to put it in airplane mode while locked.
     

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