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Old Apr 20, 2011 | 5:41 am
  #9  
VelvetJones
 
Join Date: Mar 2011
Posts: 471
Originally Posted by SWCPHX
The California Supreme Court in January (shocking if you ask me) already ruled that at least in California, the search of a cellular phone incident to arrest did not require a warrant. According to the majority opinion, they fall under the closed container rule that allows an officer to further search a closed container of an in custody person.

http://redtape.msnbc.com/2011/01/cou...t-warrant.html

http://www.pcmag.com/article2/0,2817,2375237,00.asp

Don't worry, you're cell phone is still safe in Ohio.
Technically this isn't the same thing. The California ruling involved people already arrested. In the Michigan case they were scanning phones of people pulled over for simple traffic stops. Wrong in both cases, but Michigan was taking a big leap on this one. Like the TSA, they've apparently given up on even pretending to act in a constitutional manner.
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