Smart Phones: Illegal Search Debate

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    Smart Phones: Illegal Search Debate

    Interesting case in Oregon regarding the right to seize a smart phone and search the data within that phone.

    For the legal eagles amongst us:

    The article mentions that if I am arrested in my home that the contents of the home are not searchable by the police unless they are in close proximity.

    Can the police search any and all PCs in the house when I am arrested?

    http://www.theatlantic.com/technolog...he-law/237853/
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    If they have a search warrant say for kiddie porn, then yes they could search electronic devices with that warrant. A search warrant gives them a right to search anything/anywhere evidence could be found. I.E. they come in looking for a stolen 64 inch tv they aren't going to be allowed to look in a desk drawer that is shut that is 5inches by 5inches.

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    Quote Originally Posted by HT721 View Post
    If they have a search warrant say for kiddie porn, then yes they could search electronic devices with that warrant. A search warrant gives them a right to search anything/anywhere evidence could be found. I.E. they come in looking for a stolen 64 inch tv they aren't going to be allowed to look in a desk drawer that is shut that is 5inches by 5inches.
    I'm more curious about the case where they come in, arrest me for selling weed, and want to look at my computer. Can they?

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    Quote Originally Posted by Clyde View Post
    I'm more curious about the case where they come in, arrest me for selling weed, and want to look at my computer. Can they?
    Only if you don't offer to share.

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    Quote Originally Posted by Clyde View Post
    I'm more curious about the case where they come in, arrest me for selling weed, and want to look at my computer. Can they?
    I had my 4th amendment rights violated in every way possible in January. The police went through my computer and still have my Droid.

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    Quote Originally Posted by Clyde View Post
    I'm more curious about the case where they come in, arrest me for selling weed, and want to look at my computer. Can they?
    Always safest to get a warrant. Include anything and everything you want to search or seize on that warrant.

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    Quote Originally Posted by Blue Magic View Post
    I had my 4th amendment rights violated in every way possible in January. The police went through my computer and still have my Droid.
    Curious to hear more about this story. How were your rights violated? Did they have a search warrant? If not, what circumstances led them to do this? Police don't pick out random people to violate their rights.

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