{"id":41244,"date":"2014-02-28T15:11:00","date_gmt":"2014-02-28T22:11:00","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2014\/02\/28\/secure-in-their-persons-houses-papers-and-effects.html"},"modified":"2014-03-03T10:04:28","modified_gmt":"2014-03-03T17:04:28","slug":"secure-in-their-persons-houses-papers-and-effects","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2014\/02\/28\/secure-in-their-persons-houses-papers-and-effects.html","title":{"rendered":""Secure in their persons, houses, papers, and effects""},"content":{"rendered":"
In Texas, at least, the police can't go searching on\u00a0your phone without a warrant — at least not while it's sitting in the property room. As the majority opinion had it:<\/p>\n

'The Fourth Amendment states that \u201c[t]he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.\u201d The term \u201cpapers and effects\u201d obviously carried a different connotation in the late eighteenth century than it does today. No longer are they stored only in desks, cabinets, satchels, and folders. Our most private information is now frequently stored in electronic devices such as computers, laptops, iPads, and cell phones, or in "the cloud" and accessible by those electronic devices. But the "central concern underlying the Fourth Amendment" has remained the same throughout the centuries; it is "the concern about giving police officers unbridled discretion to rummage at will among a person's private effects." This is a case about rummaging through a citizen's electronic private effects – a cell phone – without a warrant.'<\/i><\/p>\n

Good. If there's probable cause, get a judge to okay it with a warrant. If there's not, keep your hands off.\ufeff<\/p><\/div>\n

\n

\n \n <\/div>\n

Texas appeals court says police can\u2019t search your phone after you\u2019re jailed<\/a>
\n Looking at your texts is not like searching your pockets, judges say.\n <\/p>\n

View this post on Google+<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In Texas, at least, the police can't go searching on\u00a0your phone without a warrant — at least not while it's sitting in the property room. As the majority opinion had it: 'The Fourth Amendment states that \u201c[t]he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and … Continue reading “"Secure in their persons, houses, papers, and effects"”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,350,132],"tags":[],"class_list":["post-41244","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-civil-liberties","category-privacy"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":12524,"url":"https:\/\/hill-kleerup.org\/blog\/2008\/04\/02\/bug_as_thou_wilt_too.html","url_meta":{"origin":41244,"position":0},"title":"Bug as thou wilt, too","author":"***Dave","date":"Wed 2-Apr-08 3:26pm","format":false,"excerpt":"Okay, not only did the DoJ claim it was okay to torture folks if the President said to do it, someone at the EFF spotted a footnote in the original...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":32485,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/02\/10\/all-your-electrical-devices-are-belong-to-us.html","url_meta":{"origin":41244,"position":1},"title":"All Your Electrical Devices Are Belong To Us","author":"***Dave","date":"Sun 10-Feb-13 11:57am","format":false,"excerpt":"The DHS concludes, no surprise, that it would be a burden to have to actually have a \"suspicion\" they can point to before taking any electronic device you cross the border with -- laptop, smart phone, dumb phone,\u00a0thumb drive, anything -- and searching through it for Anything Suspicious (or, maybe,\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":30015,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/08\/29\/airplane-mode.html","url_meta":{"origin":41244,"position":2},"title":"Airplane Mode","author":"***Dave","date":"Wed 29-Aug-12 7:32am","format":false,"excerpt":"This article -- about the FAA reviewing rules on electronic devices -- just makes me angrier than I am about current policies.The stated big concern has been about cellular phone traffic and its effects on the airline systems (the evidence for which seems pretty light-weight). But it sounds like nobody\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":574,"url":"https:\/\/hill-kleerup.org\/blog\/2001\/09\/16\/good_bad_and_ug.html","url_meta":{"origin":41244,"position":3},"title":"Good, bad and ugly","author":"***Dave","date":"Sun 16-Sep-01 12:35pm","format":false,"excerpt":"One of the few things I regret in my move, several years ago, from LA to Denver, is losing the Los Angeles Times as a paper. Or, rather, being stuck...","rel":"","context":"In "Fourth Estate"","block_context":{"text":"Fourth Estate","link":"https:\/\/hill-kleerup.org\/blog\/category\/media\/fourth-estate"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":10831,"url":"https:\/\/hill-kleerup.org\/blog\/2007\/06\/20\/e_search_and_e_seizure.html","url_meta":{"origin":41244,"position":4},"title":"E-Search and e-seizure","author":"***Dave","date":"Wed 20-Jun-07 11:09pm","format":false,"excerpt":"A lot of folks consider their cell phone, PDA, even their laptop, as an extension of their personal being, the same as their home or their diary.\u00a0\u00a0 That makes border...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":128231,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/10\/05\/your-papers-and-passwords-please.html","url_meta":{"origin":41244,"position":5},"title":""Your papers (and passwords), please"","author":"***Dave","date":"Mon 5-Oct-15 2:23pm","format":false,"excerpt":"I've traveled internationally enough that I should probably considered what I would do in these circumstances. On the one hand, I'm pretty much a \"I've got nothing to hide\" guy. No, really, while there is probably stuff on my phone I'd just as soon not broadcast publicly (on general principle),\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/41244","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=41244"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/41244\/revisions"}],"predecessor-version":[{"id":41293,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/41244\/revisions\/41293"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=41244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=41244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=41244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}