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Friday, 2 March 2012 - U.S. court approves warrantless searches of cell phones |
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Officers in Indiana found a number of cell phones at the scene of a drug bust, and searched each phone for its telephone number. Having the numbers allowed the government to subpoena the owners' call histories, linking them to the drug-selling scheme. One of the suspects, Abel Flores-Lopez, who was convicted and sentenced to 10 years in prison, argued on appeal that the police had no right to search the phone's contents without a warrant. The U.S. Court of Appeal for the 7th Circuit rejected that argument on Wednesday, finding that the invasion of privacy was so slight that the police's actions did not violate the Fourth Amendment's ban on unreasonable searches. The case gave the court an occasion to examine just how far police can go when it comes to searching electronic gadgets. "Lurking behind this issue is the question whether and when a laptop or desktop computer, tablet, or other type of computer (whether called a 'computer' or not) can be searched without a warrant," Judge Richard Posner wrote for the three-judge panel. He raised the example of the iCam, which allows someone to use a phone to connect to a home-computer web camera, enabling someone to search a house interior remotely. "At the touch of a button, a cell phone search becomes a house search," he wrote. Posner compared the cell phone to a diary. Just as police are entitled to open a pocket diary to copy an owner's address, they should be able to turn on a cell phone to learn its number, he wrote. But just as they're forbidden from examining love letters tucked between the pages of an address book, so are they forbidden from exploring letters in the files of a phone. Prosecutors argued that in an age when people can wipe their cell phones clean remotely, officers are under pressure to obtain data before it is destroyed. The court acknowledged that the actual risk that one of the suspects would have been able to destroy the phone's contents was minimal in this case. But so was the invasion of privacy, limited to telephone numbers. The court left the question of just how far police can go in searching a phone's contents for another day. A lawyer for Flores-Lopez was not immediately available for comment. (Reporting By Terry Baynes) Tech Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (1) FatTony1 wrote:   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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