Deeplinks Blog posts about Search Incident to Arrest
“I’m asking all the citizens of North Charleston to continue taping.”
That is what Councilwoman Dorothy Williams said in response to the shooting death of Walter Scott. She and others recognize that the story would have been very different without the video showing that a white police officer shot the unarmed black man several times in the back as he ran away from a traffic stop in North Charleston, South Carolina. Both NBC News and Huffington Post imagined the story absent the video.
2014 has seen a flurry of events surrounding the issues of privacy and security when it comes to mobile devices. Here are some highlights.
EFF started the year by releasing HTTPS Everywhere on Firefox for Android. Before, HTTPS Everywhere could only protect web browsing on desktop platforms, but with the release of HTTPS Everywhere for Firefox for Android, that same protection became available for Android devices as well.
The U.S. Supreme Court earlier this week heard oral argument in two cases involving whether the police, after arresting someone, can search his or her cell phone without a search warrant. Although the police have been allowed to do a limited search of a person after they’ve been arrested, this exception to the Fourth Amendment’s warrant requirement was never intended to cover the massive amounts of sensitive information on a cell phone. But as the oral arguments made clear, the government is relying on dangerous misconceptions about cell phone technology in an attempt to justify a significant privacy intrusion.
The Issues Before the Supreme Court
On back-to-back days this week, residents in Texas and Washington received some extra legal protection for the contents of their cell phones. These decisions, while only binding on law enforcement within each respective state, could play an important role on the ongoing debate on cell phone privacy specifically, and applying legal protections against unreasonable searches and seizures to new technologies generally.
Texas: a cellphone is not like a pair of pants or shoes
When it comes to searching the most sensitive part of our bodies—our DNA—the Fourth Amendment's prohibition against unreasonable searches and seizures should be a strong bulwark, keeping the government out of our most personal and private biological information. But in the last few years, those protections have been eroded as courts throughout the country, including the US Supreme Court, have approved of the warrantless DNA collection of people arrested for crimes—individuals who are presumed to be innocent in the eyes of the law. A new amicus brief we filed on Monday argues that these decisions don't mean the complete death of Fourth Amendment protection from DNA collection.
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