Tag: Warrants

Lots of big news to break down on Tuesday’s Three Martini Lunch! Join Jim and Greg as they marvel at how much better President Trump is doing against all top-tier Democrats in three key battleground states than he was before impeachment began. They also discuss the IG report savaging the FBI and Justice Department for it’s sloppy, error-ridden FISA warrant requests aimed at the Trump campaign, and since the inspector general could not definitively find proof of political motivation, they’re left to shudder at the conclusion that the FBI is just thoroughly reckless and incompetent at its job. And Jim finds it awfully curious that Democrats would announce two articles of impeachment this morning and then immediately announce a series of legislative compromises with President Trump.

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David Deeble directed me to this story at the Washington Post, which in turn cites Ben Swann’s website. Basically, an 11-year-old student remarked on his mother’s use of cannabis oil during an anti-marijuana presentation at school, after which the boy was seized by CPS and the mother’s home was forcibly searched for illegal drugs. There […]

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Should Police Get a Warrant Before They Search a Cell Phone?

 

shutterstock_188124092My latest contribution over at PJ Media concerns two cases now before the U.S. Supreme Court. Both cases, Riley v. California and United States v. Wurie, involve warrantless searches by police on cell phones seized from people who had been arrested. Current case law allows officers to examine the property of people they have arrested, which sometimes leads to the discovery of incriminating evidence. Such was the fate of Mssrs. Riley and Wurie. The former had his conviction upheld through appeal while the latter’s was overturned, setting the stage for the Supreme Court to resolve the conflict.

But how should the police deal with the cell phone found on an arrestee? Should cell phones, owing to the vast amount of personal information often stored on them, be accorded more protection than a wallet, a notebook, or anything else a person might carry? If you think it should be, what legal precedent would you apply? And if there is no established precedent, should it be left to judges to create one, or should it be left to the legislative process?

Read the column here, then come back and weigh in with your comments.