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The Supreme Court in America recently ruled on the question of cell phones and privacy. By a unanimous vote of 9-0 they ruled that the police would need a specific warrant in America to search the cell phone of a person that they arrested. In other words, even if you are arrested, they would not be entitled to look at your cell phone unless the warrant specifically provided for that. The Chief Justice in his judgment said of cell phones that they contain “a digital record of nearly every aspect of their lives – from the mundane to the intimate”. He said that he was aware that cell phones are used by criminals and by making this rule it would make law enforcement more difficult, but that privacy is more important and unfortunately that is one of the costs of privacy. The Justice Department in America tried to argue that cell phones should be allowed to be searched, because they are no different to wallets, purses of address books, all of which can be searched and the Chief Justice disagreed with that and writing, ‘That is like saying a ride on horseback is not materially indistinguishable from a flight to the moon”.
Posted by Michael de Broglio on Monday 14-Jul-14
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Comments
Thabitha said:
on Tuesday 29-Jul-14 09:01 AM
If you are arrested there is no privacy because everything must be searched for investigations
Refilwe said:
on Friday 18-Jul-14 03:22 PM
I personally think this is a good idea. It will definitely help the investigations, although in south africa i doubt it would work because knowing our officers, the only thing they would be interested in is looking at other things on the suspects phone instead of finding leads, then again it is SOUTH AFRICA!
Angelique said:
on Wednesday 16-Jul-14 10:09 AM
Here we go again, protecting criminals. I understand both points of view, however I must agree with Lourien what do you have to hide besides your porn addiction perhaps? Going through a suspects phone could lead to evidence and make a stronger case. Hopefully it won't be too hard to get that warrant each time they arrest a suspect or criminal.
Monique said:
on Monday 14-Jul-14 12:46 PM
I think that the ruling is very fair. Many people keep a lot of personal information on their phones and with technology now-a-days- most things can be done for a cellular device.
Jade said:
on Monday 14-Jul-14 12:05 PM
I think the warrant is reasonable. If it is necessary to search the suspects phone, then one must furnish reasons as to why it is necessary. I just can't imagine why a police officer would want to search a suspects phone for fun. Obviously only police officers that eat doughnuts all day and need some gossip to entertain themselves?
I suppose for those who use their phones for internet banking this is a concern but otherwise, I can only imagine that criminals who have used their phones in illegal activities or those people involved in scandalous activities would have anything to worry about.
Jade said:
on Monday 14-Jul-14 12:05 PM
I think the warrant is reasonable. If it is necessary to search the suspects phone, then one must furnish reasons as to why it is necessary. I just can't imagine why a police officer would want to search a suspects phone for fun. Obviously only police officers that eat doughnuts all day and need some gossip to entertain themselves?
I suppose for those who use their phones for internet banking this is a concern but otherwise, I can only imagine that criminals who have used their phones in illegal activities or those people involved in scandalous activities would have anything to worry about.
Bianca R said:
on Monday 14-Jul-14 11:27 AM
With technology being so advanced, it is reasonable that the ruling is what it is. Having a cell phone these days means that you are able to do banking and a lot of personal information is contained in one's cell phone.
Elektra said:
on Monday 14-Jul-14 11:16 AM
Some people have personal information on their Phones, I mean access to online banking, etc, so should this be abused by corrupt police it could become a problem. The warrant to search phones in my opinion is reasonable and valid.
Juliet said:
on Monday 14-Jul-14 10:03 AM
I think going through someone else's phone in itself should be a criminal offence
Brumilde said:
on Monday 14-Jul-14 09:13 AM
Both sides have a viable argument. I think though the judges would give the warrants for cellphones to the police easy if they catch a druggy, obviously gives cause to look at cell phone as to who his supplier is and customers
Sorea said:
on Monday 14-Jul-14 08:57 AM
It sounds a bit like false security for criminals. "They can't touch your phone unless they have a warrant! Do as you please on your phone!" At the end of the day, the Police will adjust the wording on their warrants and their motivations to the Judges who issue the said warrants and be able to confiscate the cellphone just as easily as they are able to obtain DNA material. And seeing as the majority of criminals are not exactly rocket scientists, they will hopefully have incriminated themselves with pictures on their iPhones and give the Police a bit of extra contact information for their criminal contacts.
Lourien said:
on Monday 14-Jul-14 08:15 AM
I personally think if you have nothing to hide, there is no reason to get a warrant in the first place. In my view people that are possessive over their phones has something to hide and that is the first signs to look for, I hope they confiscated the phones until they have a warrant, but now days you can even recover lost information or deleted information on a phone which is fantastic.
Alexis said:
on Monday 14-Jul-14 08:05 AM
People live off their cell phones, i can understand why they decided to rule against it. It is fair to ask them to get a warrant as they would for a persons house etc
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
