Handbuilt

About Me

Tracking inspiration, land candidates and cob housing thoughts on the mud-hut of our dreams...
(Images are inspiration, not our creation... yet)

Cob, Strawbale, geothermal, wind power, solar, composting toilets, cordwood, Off grid living...
All that & a bag of chips.

1. California Appeals Court Approves Warrantless Cell Phone Searches During Traffic Stops

   Well, isn’t that something. And here I used to think that keeping my cell phone just a phone (all dumb, no smart) was unreasonably backwards but Orwellian CA courts prove me wrong.

   everythingessential:

   doyayoda:

   letterstomycountry:

   I want to show you all something:

   

   Do you see what that is?  That is a data retrieval device which police use to extract all the data off your phone.  Every e-mail.  Every text message.  Every app you’ve ever downloaded.  Every preference checked.  Every picture stored.  Every video file, potentially extending back for years, depending on the user, the phone, and the nature of their cell phone service.

   I just want you to appreciate what the California Appeals Court said in this decision: that picture above?  The police can do that without securing a search warrant.  And the Supreme Court’s 4th Amendment jurisprudence is so atrocious right now that even if the police admit they screwed up, the evidence can still be admitted.

   I suspect that many people from older generations (i.e. those likely to be judges) don’t fully comprehend how much personal, private information can be accessed via your cellphone these days.  It’s virtually the equivalent of having a living transcript of every personal letter you’ve ever written and every brief phone call you’ve ever made (often the form of a text message that might’ve taken place by voice 10-20 years ago).  In other words, these are records of things that no sane individual would keep in their car.  This is precisely the type of private information that the 4th Amendment is supposed to protect private citizens from being delivered to government without a warrant signed by a magistrate pursuant to a sworn affidavit from police which particularly describes the place to be searched, and the thing being searched for.

   In some sense, the CA court of appeals’ hands may have been tied by the Supreme Court’s 4th Amendment jurisprudence; so I understand why they may have felt compelled to rule in this fashion.  But I feel that the analogy to private papers here is an important one.  Cell phones didn’t exist when the 4th Amendment was written.  It is precisely the job of the Courts to interpret the Constitution in light of social, cultural, and technological changes that the Founding Fathers could not possibly have accounted for.  Even with the Supreme Court’s awful 4th Amendment jurisprudence, I believe that there was room for the CA court of appeals to rule this search unconstitutional.  The sort of information accessible on a cell phone is exactly the sort of intimate, private information that police should not be able to get without a warrant.

   I really want to get my medical degree and move out of this country.

   I should not desire to leave this country as much as I do now.

118 Notes
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   This is just too much

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    The amazing thing is, my dad is completely fine with it. He doesn’t even like the idea of a warrant. THE FUCK IS WRONG...

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    I’ve prepared a 1000 word essay on this subject. FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK FUCK...

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36. handbuilt reblogged this from everythingessential and added:

    Well, isn’t that something. And here I used to think that keeping my cell phone just a phone (all dumb, no smart) was...

37. sagesilver4 reblogged this from wearetheweavers and added:

    I really need to get out of this stupid country.

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    there is no advantage to living in a blue state.

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Reblogged: everythingessential