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I get the argument that data I store on the Cloud is open to interpretation given the 3rd party (if I give Google the right to look at my data, then it is unrea
by fixxer 13y ago
I get the argument that data I store on the Cloud is open to interpretation given the 3rd party (if I give Google the right to look at my data, then it is unreasonable for me to expect privacy on par with a physical drive in my possession), but data stored on my cell (a physical piece of equipment in my possession)? WTF?
- tptacek 13y agoI carry around a Tom Bihn bag. I do not generally let people look inside of it. When stores ask, I leave. However, if I'm arrested, the police will be allowed to search that bag, despite it being a physical pice of equipment in my possession. That's because the police do get to search you, rather thoroughly, if you're arrested.
- fixxer 13y agoBut you still have some expectation of privacy. Search is supposed to be limited to the area within their immediate control for purpose of seizing any weapons or "obvious evidence related to or separate from the crime incident to the arrest". I guess it comes down to how we define obvious. Is the file system on my phone obvious? EDIT: Tom Bihn? You need to get a CountyComm EOD Utility Bag. Nothing says "hello" to TSA like a bag with pockets designed for M4 clips.
- deleted 13y ago[deleted]
- libraryatnight 13y agoI was about to write a response about how my cell phone isn't a bag. But, then I realized I feel almost as dirty knowing they could go through the bag as I do thinking they might be able to go through my phone. If I've already been arrested for something, why do they need to be in my bag? Clearly they already had what they needed to arrest me in the first place, why poke around for more? (sometimes your posts make me paranoid) *edit: I understand officer safety, but thinking of already being arrested I assume I'm in custody, and effectively neutralized. And, if I never made any motion or gesture towards my bag it seems safe to assume I am not armed or if I am it's not to hurt the police. Maybe I just am not thinking criminal enough ;)
- tptacek 13y agoCollection of evidence is one of the explicit motivations for search incident to arrest. The whole idea is that they might find more stuff. Think of it as a case where probable cause is implied. And hey: I didn't make you paranoid. The very- long- settled- law of the land made you paranoid. I didn't make this up!
- NoPiece 13y agoIsn't the question what rights to privacy do you have after you've been arrested? I assume a cop could look through your wallet and pockets, so I can see why there is an argument they can look through your phone.