And what does that have to do with people not having rights?
I do not acknowledge that confiscating the petty effects of a person in police custody is an “unreasonable seizure”. Can you cite judicial precedent that it is?
The idea that cell phones are “petty effects” is absurd. Cell phones often have the most personal and private data of any object a person owns. The idea that you can be secure in your “papers and effects” as per the fourth amendment, but not cell phones, is absurd.
To be clear, are you saying that stealing nude photos off someone’s phone is not unreasonable seizure and not a fourth amendment violation?
No, I’m saying that the act of taking an arrestee’s cell phone away from them is neither unreasonable nor does it establish a “police state”.
You will note that your own above cite says seizing the phone is A-OK; searching it is what requires a warrant.
Being secure in your papers and effects does not mean you have the right to constant access to them. It is well within the interest of the state to deprive an arrestee of access to material which may later serve as evidence against them.
At least you don’t let the lack of anything intelligent to post stop you from posting.
There’s no room, what with all that cop cock in there.
Doesn’t that require a warrant of sorts? I mean, a cop taking it on himself to search a phone without a warrant seems a bit intrusive to me.
Seizure and search are not the same thing. Taking a phone away from an arrestee does not inherently grant the right to datamine it.
I’m not sure why the fact that they are policemen is important. They should be treated exactly like anyone else who steals. If we found out a janitor was stealing images off phones and sending them to his janitor friends, what should we do? Same thing with police.
Police in this situation should be punished more severely, as abuse of authority is a crime in itself and an aggravating factor in the underlying crime.
I disagree. I believe police should be held to higher standard and receive harsher punishment. We entrust them with extraordinay powers and it’s much more difficult to prove their malfeasance.
Same thing for judges, high ranking civil servants, elected officials…
I see where you are coming from but the people in those professions seem to believe the opposite of this. That feel they are special cases because of their jobs, because they sometimes need to go into houses, confiscate phones or whatever. They think they should be held to a lower standard than every other citizen, you think they should be held to a higher standard. Seems to me we would all better off if we could just get one standard for citizens - don’t steal stuff.
Given her spouse was in the car with her, presumably, he would know she was being arrested & remove the need for her to call anyone. Let’s also assume that everyone knew that he had also been drinking & shouldn’t get behind the wheel & needed to call for a ride home. Couldn’t the cop hand him her cell phone to make the call since there’s no indication he had been charged with anything & was free to leave?
In short, there was no reason for the cop to need to access her phone.
It was also totally unprofessional & probably in violation of some dept policy to take official, non-emergency action while off duty & in his personal vehicle, like driving to her home to return her purse to her.