Supreme court bans police access to phone data without a warrant

#1

roosterjbh

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#1
Supreme court bans police access to phone records without a warrant | Law | The Guardian

Pretty big deal

A US supreme court ruling issued Friday barred police from accessing cell phone data such as call listings and location data without first obtaining a search warrant, in a landmark decision in favor of privacy protections.

Advocates hailed the 5-4 ruling as a victory for personal privacy rights in an age when digital technology and the widespread use of mobile devices could create easy paths for law enforcement or other state bodies into the most intimate corners of private life.

“This is this most important fourth amendment ruling in recent memory, and plainly the most important decision of this term,” wrote Bob Loeb, a former leader of the justice department’s appellate division who has argued cases before the high court, on Twitter.
 
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#5
#5
Police don't need a search warrant for bank records or credit card records? I would have thought they did.

Looks like that was the basis for the dissent votes.
 
#12
#12
Its not hard.


And if it an emergency, like a kidnapping or hostage situation, you can do it without.

I am not worried about kidnappings and hostage situations.

I am worried about the ever expanding and subjective net that deems you “suspicious” and worthy of being surveilled.
 
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#14
#14
only 5-4; should've been a slam dunk.

good news

Read the dissent. He makes some fair points.

Technically it's not even a search because the person doesn't own or possess those records. That person volunteers that information in exchange for the service. Therefore it can't even constitute an unconstitutional search. Further, in order to access them, it already goes in front of judicial review.
 
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#16
#16
#18
#18
Comes down to how much of your personal freedom you're willing to give up in the name of safety. We could live in a police state. That would be safer, but much less free.

The changes after 9/11 were horrendous in terms of freedoms. I think much of the current police problems stem directly from the 9/11 militarization of cops - it has really turned it into an us vs them kind of thing. Mayberry would have a SWAT team these days.
 
#22
#22
They need warrants in traffic court?




I've defended one of them in federal court in a case that involved use of the technology, and a warrant to use it. Unfortunately, the technology was limited in its ability to track, causing them to go to the wrong house.



They did, however, eventually catch the bad guy.
 
#25
#25
You opposed to this decision, brother? Can't see why you would respond to me in such a stupid way unless you were opposed.

CINO

I think it is a great decision......my response to you is spot on......read the post you responded to and then my response again to your response.......I know you get blinded by your Trump hate, but dang.......
 

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