I agree it should go before the Supreme Court because as it stands now, different states have different rulings on this topic. My state has no case law, but the CJA recommends obtaining a warrant before searching a cell phone. California's courts apparently see things differently.
The two are not the same thing but just to play along, I'd say that the grocery stores that rely on their "obsolete business practices" would be out of business before long...because they didn't adapt to the ever-changing world we live in.
There will be ways around the DRM embedded in processors. Throughout history, every new means to lock or control something has been defeated. Those who realize that and made the necessary adjustments will survive; the businesses who rely on the DRM will not.
And you certainly wouldn't sue the customers that you could detect. Otherwise, there would be another reason you couldn't detect customers: there wouldn't be any there. ;)
Yes, it would apply to everyone. I didn't mean to imply that it wouldn't. Anyone arrested for a crime (which is also a good indicator of a bad guy as well). People don't typically get arrested for speeding.
Believe it or not, but the courts typically frown upon warrantless searches. There are fairly clearly defined guidelines but each judge is different where they draw the line on what is acceptable.
Because getting a warrant eliminates a potential loophole. Cops will also often ask for consent to search a car when they already have probably cause to search it. So, even though they do not need the consent, they ask for it anyway, just to have one more leg propping up the search (there are other reasons they might ask for consent, but I won't go into that).
That would depend on the crime you're being charged with. If you're being arrested for pedophilia, then there is a pretty good chance that there might be something on that card. If you were arrested for open container, then they probably wouldn't bother with it.
Probably not. Not anywhere around here, anyway. They'd simply get a warrant (if they had probable cause to think there was evidence on your phone). It wouldn't be that big of a deal, unless some circumstance warranted immediate action but that probably is very rare.
usually pulled over for speeding because you're not a true Bad Guy. Most of the people the cops arrest and who this ruling would apply to are the genuine bad guys.
Many of you on here forget that there really are a LOT of really bad people out there. It's a common oversight, because you're not one of them and don't associate with people like that. But they're there.
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Because lobbying involves lawyers and lawyers are the ones who make the distinction.
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Many of you on here forget that there really are a LOT of really bad people out there. It's a common oversight, because you're not one of them and don't associate with people like that. But they're there.
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