funsec mailing list archives

Re: California opts out of 4th Amendment


From: David M Chess <chess () us ibm com>
Date: Thu, 6 Jan 2011 09:28:10 -0500

When arrested, law enforcement already has the privilege -- under the 
law
- -- to inspect all personal belongings on the suspect in the normal 
course
of the investigation. Searching a digital device is a natural extension 
of
this privilege.

Not necessarily.  I believe the reason for the privilege is so that the 
law enforcement people can ensure that the suspect isn't carrying any 
weapons that might pose an immediate danger to them (i.e. to search for 
guns in the waistband, without stopping to get a warrant).

It seems unlikely to me that anyone's going to have a gun concealed in 
their iPhone's address book...
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