Tuesday, January 11, 2011

Should police be allowed to search our phones without a warrant?


    http://www.msnbc.msn.com/id/40900143

     Recently, on January 3rd, the California Supreme Court decided that it was lawful for police to search our cell phones while we are in custody without a warrant. This decision does not uphold democratic rights and is a breach to more than just our privacy. The basis of this standpoint is that the law must recognize that police, as well as civilians, are not perfect citizens. Like anyone else, police fall victim to more than just curiosity, and as events already demonstrate, should not be allowed to overstep their boundaries because of a uniform. A cell phone found on an arrested person should not be searched without a warrant for many reasons. There should also be strict criteria in place that allow police to obtain a warrant for a search.
     A major flaw in the court's mentality is how they view cell phones. Instead of comparing a cell phone to a cigarette pack immediately on a person, it should be compared to a laptop computer. From businesspeople to politicians, cellphones have the ability to contain valuable or classified information that no police officer should have a lawful right to search without probable cause. A police officer is an enforcer of the law, and unless a warrant (which grants specific goals for why a search is necessary) is given, no person should be rightfully entrusted with this information. The same way the government abhors the actions of WikiLeaks in exposing valuable information, the same respect must be given to civilians.
     We already see a strong example of why police should not be able to search a cell phone without a strong and specific reason. On December 22nd, police who arrested a man searched his cell phone which contained explicit images of his girlfriend. The police officers involved passed around the images and humiliated not only the female involved, but their professional title and law enforcement in general. This example is a clear demonstration that police officers cannot be given any more trust than a civilian. Demanding a warrant is not in any way asking too much of law enforcement and will still allow any incriminating evidence to be found. Police officers pulling a person over for speeding does not directly relate to their cell phone and this piece of property should not be searched any more than their home.
     It is unlawful for police officers to feel they have a right to search through our property for one crime in order to find us guilty of others. In the case of a drug dealer, when a phone is obtained, police must first appeal for a warrant when the defendant is in custody. Only then should the phone be searched, and any incriminating evidence that does not relate to his drug arrest cannot be used in the court of law. Our cell phones are slowly becoming our personal computers. Who is to say that these police will not begin to search applications such as Facebook or Twitter for things entirely unrelated to our arrest? These police have no right to search through our phones unless there is some specific reason to incline them to do so. Our politicians and judges must recognize this injustice and accept that we all deserve our right to privacy supported specifically in the Constitution.

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