bizarrenormality wrote:One of the reasons I use this is to be more secure in my effects against unreasonable searches and seizures.
If the PD takes my phone, assuming the only evidence on there isn't detrimental to me, why would I want to erase it?
It does other things too - but again, if LEOs take it, what are you going to do with the app?
nightmare69 wrote:I believe the people saying its legal that your phone can be seized without a warrant but can you point me to the law that allows such?
What you think there is a cell phone seizure law? It is taken like any other evidence and can be seized like any evidence. The reason it can be done without a warrant would be called "exigent circumstance". If you think they did something incorrectly you get to complain or file an action. If you dislike dept policies you get to protest and vote. Right now until SCOTUS says otherwise police can seize your phone just not examine the data.
Fact of the matter is, police are NOT lawyers so they will not always do what's legal but what they FEEL is legal. You should always take a photo and then post it immediately to youtube for public viewing. Then, text everyone you know to download a copy.
nightmare69 wrote:I believe the people saying its legal that your phone can be seized without a warrant but can you point me to the law that allows such?
Even if there is such a law, it is still illegal because that would be unconstitutional search or seizure without due process.
drjoker wrote:Fact of the matter is, police are NOT lawyers so they will not always do what's legal but what they FEEL is legal. You should always take a photo and then post it immediately to youtube for public viewing. Then, text everyone you know to download a copy.
Totally different topic AFAIC but sure if you feel that getting the dead womans pic out there so the family of the dead girl will have that to view then sure sounds like a plan. With any luck it will pop up on the families facebook within hours.
And yes I know the OP says that no pics were taken that had the vic on them.
So they can seize the phone but must have a warrant to view it. Guess they didn't want to go through the trouble to get a warrant and it was returned to him.
His lawyer said it was illegal for them to take the phone without a warrant and with 1 phone call he got it back.
2/26-Mailed paper app and packet.
5/20-Plastic in hand.
83 days mailbox to mailbox.
nightmare69 wrote:I believe the people saying its legal that your phone can be seized without a warrant but can you point me to the law that allows such?
Even if there is such a law, it is still illegal because that would be unconstitutional search or seizure without due process.
No, right now the courts are allowing the seizure of phones without warrants to secure the phones only. They still need either permission or a warrant to actually view the data. You may be arguing what you believe the law should be. I am stating what the courts are finding it to be.
nightmare69 wrote:So they can seize the phone but must have a warrant to view it. Guess they didn't want to go through the trouble to get a warrant and it was returned to him.
His lawyer said it was illegal for them to take the phone without a warrant and with 1 phone call he got it back.
Why do you assume that they didn't get the warrant? Or after they took the phone that the guy didn't say something they took as permission to view the photos? Not to mention the fact that some argue with the ability to remote delete info they don't need warrants to view data either. Right now none of it is settled and down in stone. The cases where courts have said they can't view the data were all (that I saw) about checking phones after arresting a BG not some 3rd party who wouldn't be incriminated by the evidence they are examining. The trend tho is definitely towards the courts allowing seizures of phones regardless of what the lawyer said.
Jaguar wrote:
Under what authority? Sounds like theft to me.
I think because it would be so easy to erase, police can seize cameras and video devices from people if they believe there is evidence on the devices and they believe there is a risk that the evidence would be erased if not seized. They can't, well shouldn't in my mind but there is an ongoing argument in the courts and law enforcement mainly due to the ability to remote wipe cell phones, view the recordings until they get a warrant and they would have to give back the device afterwards so I'm not sure how that really applies here tho.
Actually they CANNOT seize a darn thing, for no reason may they take a camera of either the still type or the video type it is ILLEGAL, they may subpoena your camera other wise and this does infact have case law behind it, it is THEFT!
I wish Cotton would chime in and say if its legal or not. No one has posted any law yet saying that phones and cameras can be seized without a warrant. If it was legal then why was he given the phone back after having an attorney call and he said it was illegal? Im inclined to believe a lawyer who has studied and practiced law for 20yrs more so than anyone else without proof.
2/26-Mailed paper app and packet.
5/20-Plastic in hand.
83 days mailbox to mailbox.
Jaguar wrote:
Under what authority? Sounds like theft to me.
I think because it would be so easy to erase, police can seize cameras and video devices from people if they believe there is evidence on the devices and they believe there is a risk that the evidence would be erased if not seized. They can't, well shouldn't in my mind but there is an ongoing argument in the courts and law enforcement mainly due to the ability to remote wipe cell phones, view the recordings until they get a warrant and they would have to give back the device afterwards so I'm not sure how that really applies here tho.
Actually they CANNOT seize a darn thing, for no reason may they take a camera of either the still type or the video type it is ILLEGAL, they may subpoena your camera other wise and this does infact have case law behind it, it is THEFT!
Well you go tell the court that. I'm sure they will see it your way once you tell them that.
