Supreme Court: Sorry Officer, you need a warrant for that!

Cellphones and smartphones generally cannot be searched by police without a warrant during arrests, the Supreme Court ruled unanimously Wednesday in a major victory for privacy rights.

Ruling on two cases from California and Massachusetts, the justices acknowledged both a right to privacy and a need to investigate crimes. But they came down squarely on the side of privacy rights.

"Modern cellphones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet or a purse," Chief Justice John Roberts wrote for the court.

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"We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime," he said. "Privacy comes at a cost."

The justices struck down an extensive smartphone search in California that had been upheld by the state Court of Appeals, as well as a more limited probe of an old flip-top cellphone in Massachusetts that a federal judge already had thrown out.

Currently, police can search a person under arrest and whatever physical items are within reach to find weapons and preserve evidence that might be destroyed. But the justices noted that vast amounts of sensitive data on modern smartphones raise new privacy concerns that differentiate them from other items.

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http://www.usatoday.com/story/news/nation/2014/06/25/supreme-court-...

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How about that !!!! Finally some good 'common sense' Law Ruling

Yes victory!

AMEN TO THAT....FINALLY SOME JUSTICE...

That's a start, but, what about busting people's doors down, shooting unarmed, innocent people, taking their private possessions and scrutinizing it to the Nth degree? What about traffic stops, guilty until proven innocent, attacking people, maiming, shooting sometimes, searching cars, tearing the upholstery to shreds and then find nothing and say, Oh, we're sorry, Yeah, of course you are. Admitting to one little right and let's see how long that is obeyed. It's a façade, a crying shame and disgrace of what this country has morphed into. If you had the ability, by the Grace of God, to die for a year and be able to come back to Earth with all your senses and memories, you would not know this country or recognize anything that takes place, You would ask God to take you back from where you came, assuming it was Heaven. That's how fast this country is on the roller coaster of radical change. Some of it is just too mind boggling.

There should be a law passed that when they destroy the interior of a car or anything else, they should be made to fix or replace whatever they destroy...And then made to publicly say they are sorry for the mistakes they made...That would make them think twice...they hate to say they are sorry for anything...

Take that obama and stick that up your Muslim

YES, victory.

I'm sorry, but, I don't call that much of a victory. I think there some valid points to refute that as being a victory. You need to read about some of the things that are taking place in this country. Yes, a victory for a cell phone user, what about all the other rights we are supposed to be endowed with?

How about people uniting and FIGHTING for those right as was done here? People want things done, but always want someone else to do it!

William, you are right...It needs to go a lot further in making sure ALL OUR RIGHTS are addressed and there are already laws in place, they just need to be enforced...It's called the CONSTITUTION AND THE BILL OF RIGHTS...

ah forgot to copy and so all was erased. Does anyone get a red dot of about an inch in diameter when they open their website? i was getting this on jest Explorer and now on the others! Oh oh, I have been tagged as an honorable real American!!!

That happened to a guy I know. He hasn't been seen for awhile. :-)

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Political Cartoons by AF Branco

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Horrible: Democrats Set The Constitution On Fire With Fraudulent Impeachment

House Democrats unveiled two articles of impeachment against President Donald Trump on Tuesday morning after an investigation that violated fundamental provisions of the Constitution and the Bill of Rights.

The investigation of the president began with the complaint of a so-called “whistleblower” who turned out to be a rogue Central Intelligence Agency employee, protected by a lawyer who had called for a “coup” against Trump in early 2017.

Democrats first demanded that the “whistleblower” be allowed to testify. But after House Intelligence Committee chair Rep. Adam Schiff (D-CA) was found to have lied about his committee’s contact with the “whistleblower,” and after details of the “whistleblower’s” bias began to leak, Democrats reversed course. In violation of the President Trump’s Sixth Amendment right to confront his accuser, Democrats refused to allow the “whistleblower” to testify. They argue the president’s procedural rights, even if they existed, would not apply until he was tried in the Senate — but they also invented a fraudulent “right to anonymity” that, they hope, might conceal the whistleblower even then.

Schiff began the “impeachment inquiry” in secret, behind the closed doors of the Sensitive Compartmentalized Information Facility (SCIF) in the basement of the U.S. Capitol, even though none of the testimony was deemed classified. Few members of Congress were allowed access. Schiff allowed selective bits of testimony to leak to friendly media, while withholding transcripts of testimony.

Speaker of the House Nancy Pelosi (D-CA), having allowed the secret process to unfold, legitimized it with a party-line vote authorizing the inquiry. The House resolution denied President Trump the procedural rights enjoyed by Presidents Richard Nixon and Bill Clinton, and denied the minority party the traditional right to object to witnesses called by the majority.

Rather than the House Judiciary Committee, which traditionally handles impeachment, Pelosi also deputized the House Intelligence Committee to conduct fact-finding; the Judiciary Committee was turned into a rubber stamp. Schiff held a few public hearings, but often failed to release transcripts containing exculpatory evidence until after they had passed.

In the course of the Intelligence Committee’s investigation, Schiff quietly spied on the telephone records of his Republican counterpart, Ranking Member Devin Nunes (R-CA). He also snooped on the phone records of a journalist, John Solomon; and on the phone records of former New York City mayor Rudy Giuliani, acting as President Trump’s personal lawyer.

Schiff’s eavesdropping violated both the First Amendment right to press freedom and the Sixth Amendment right to counsel. Yet he proceeded undeterred by constitutional rights, publishing the phone logs in his committee’s report without warning, confirmation, or explanation, alleging that Nunes and the others were part of a conspiracy to assist the president’s allegedly impeachable conduct. When Republicans on the Judiciary Committee asked the Intelligence Committee’s majority counsel, Daniel Goldman, to explain the phone logs, he refused to answer,

Ironically, Schiff had done exactly what Democrats accuse Trump of doing: abused his power to dig up dirt on political opponents, then obstructed a congressional investigation into his party’s and his committee’s misconduct.

Democrats’ articles of impeachment include one for the dubious charge of “abuse of power,” which is not mentioned in the Constitution; and one for “obstruction of Congress,” which in this case is an abuse of power in itself.

Alexander Hamilton, writing about impeachment in Federalist 65, warned that “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” Democrats have fulfilled Hamilton’s worst fears.

The Trump impeachment will soon replace the 1868 impeachment of President Andrew Johnson — which the House Judiciary Committee staff actually cited as a positive precedent — as the worst in American history.

In service of their “coup,” Democrats have trampled the Constitution and the Bill of Rights. The Republic has never been in greater danger.

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