As Midnight Approaches...

by: Les Carpenter
Rational Nation USA
Liberty -vs- Tyranny


... Those earlier cases have given the police broad discretion to search possessions on the person of an arrested suspect, including notebooks, calendars and pagers. The government contends that a cellphone is no different than any other object a suspect might be carrying. (Emphasis mine)

As the government of the people, by the people, and for the people under President Obama continues and even accelerates the march to the military state. As the people sleep.

Sadly the people of this once great and free nation are allowing the pompous, elitist. and thoroughly statist minded politicians and lawmakers of both parties to bamboozle us and in the process destroy the freedom and liberties this nation was built on.

All the political correct bullshit and pablum cannot change that which this nation has FREELY CHOSEN to inflict upon itself. It is midnight in America, one we chose to accept and settle for. The responsibility is ours. Sleep well America.

Continuing as the lights dim and soon go out...
The Washington Post - If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches.

In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs, cash and guns.

The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man’s argument, ruling that the police should have gotten a warrant before accessing any information on the man’s phone.

The Obama Administration disagrees. In a petition filed earlier this month asking the Supreme Court to hear the case, the government argues that the First Circuit’s ruling conflicts with the rulings of several other appeals courts, as well as with earlier Supreme Court cases. Those earlier cases have given the police broad discretion to search possessions on the person of an arrested suspect, including notebooks, calendars and pagers. The government contends that a cellphone is no different than any other object a suspect might be carrying.

But as the storage capacity of cellphones rises, that position could become harder to defend. Our smart phones increasingly contain everything about our digital lives: our e-mails, text messages, photographs, browser histories and more. It would be troubling if the police had the power to get all that information with no warrant merely by arresting a suspect.

On the other hand, the Massachusetts case involves a primitive flip-phone, which could make this a bad test case. The specific phone involved in this 2007 incident likely didn’t have the wealth of information we store on more modern cellphones. It’s arguably more analogous to the address books and pagers the courts have already said the police can search. So, as Orin Kerr points out, if the Supreme Court ruled on the case, it would be making a decision based on “facts that are atypical now and are getting more outdated every passing month.”

It has been said that ignorance is bliss. It seems ignorance and blindness can be synonymous.

Via: Memeorandum

Comments

  1. I'm not sure where you're going with this, Les.

    JMJ

    ReplyDelete
  2. From this point on, going along for the ride, like the apparent majority of the collective resigned itself to doing long ago.

    Just a passenger on the express train to hell.

    ReplyDelete
  3. Issues like this become moot with the NSA having all this information anyway, and government agencies clammoring to get into the data treasure trove.

    Isn't the horse out of the barn? The NSA has already searched and seized.

    ReplyDelete
  4. Exactly. A people reap what they sow

    ReplyDelete

Post a Comment

RN USA is a No Judgement Zone (to steal from Planet Fitness), so please, No Judgement of others. We reserve the right to delete any such comment immediately upon detection.

All views are welcome. As long as the comment is on topic and respectful of others.



Top Posts

Illinois Democrats Move To Tighten Firearm Regulation/Restrictions...

It's Going To Be Close, Brace Yourself For Continued Polarization of America, Especially if Obama Loses...

As the Obama Administration and a Compliant Lame Stream Media Continue the Benghazi Spin...

Our Biggest Creditor {China} Tells Us "The good old days of borrowing are over"

Another Republican Accused Of Sexual Misconduct...

How A Nation Can and Does Change...

The Public's Trust In Government on the Decline...

Democrats Bought By Special Interest Money, and They Say It's All Republicans...