Serious question: how hard would it be for the police to get a search warrant for the cell phone of someone they arrested?
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Replying to @speechboy71
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@speechboy71 probably not hard. But implications for warrantless searches of other mobile data (215, cell-tower location) are huge.3 replies 0 retweets 0 likes -
Replying to @MiekeEoyang
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@speechboy71 Squaring this decision w/bulk metadata collection under 215, 702 tricky.2 replies 0 retweets 0 likes -
Replying to @MiekeEoyang
@miekeeoyang Based on this ruling its pretty hard to see how 215 passes constitutional muster1 reply 2 retweets 1 like -
Replying to @speechboy71
@speechboy71 They're ALREADY moving it to telecoms (w/immunity) to get around problems w/location. Not sure this changes that@miekeeoyang1 reply 0 retweets 0 likes -
Replying to @emptywheel
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@emptywheel Just b/c they're doing it, doesn't mean Constitutionally acceptable. Tho, need to see text of opinion.@speechboy712 replies 0 retweets 0 likes -
Replying to @MiekeEoyang
@MiekeEoyang Right. Question becomes whether search AT telecom, w/o obtaining data itself, equates to search.@speechboy711 reply 1 retweet 0 likes -
Replying to @emptywheel
@emptywheel If SCOTUS says cellphones part of life, need warrant, hard to see how PRTT survives under Smith v. MD rationale@speechboy712 replies 0 retweets 0 likes
@MiekeEoyang But I can also see FISCR arguing for special needs. It'd be ballsy. But... @speechboy71
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