Warrantless cell phone searches spread to more states

cnn

(CNN) -- Think about all the data -- photos, videos, text messages, calendar items, apps, call log, voice mail, and e-mail -- on your cell phone right now. If you're arrested, could the police search your cell phone? And would they need a warrant?

That depends on which state you're in.

In California, it is legal for police to search an arrestee's cell phone without a warrant -- ever since a January decision by the California Supreme Court.

California civil rights advocates are pushing back. The Electronic Frontier Foundation is supporting California Assembly Bill SB 914, which would require police in that state to get a warrant before searching an arrestee's cell phone.

EFF also recently filed an amicus brief in the Oregon case of James Tyler Nix, a criminal suspect who was arrested and placed in a holding cell.

According to EFF, "Forty minutes after the arrest, without a warrant, an investigator fished through the suspect's cell phone looking for evidence related to his alleged crime. Law enforcement officials claim they didn't need a warrant because the search was 'incident to arrest' -- an exception to the warrant requirement intended to allow officers to perform a search for weapons or to prevent evidence from being destroyed in exigent circumstances."

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WikiLeaks 'surprised' by scale of US espionage

cnn.com

(CNN) -- WikiLeaks, the whistle-blower website sitting on a giant trove of U.S. diplomatic cables, didn't expect the papers to reveal as much espionage as they apparently do, a spokesman said Monday.

"I was surprised at (the) extent of the spying," Kristinn Hrafnsson told CNN.

The leaked papers include what seems to be an order from U.S. Secretary of State Hillary Clinton to American diplomats to engage in intelligence-gathering.

Clinton directed her envoys at embassies around the world to collect information ranging from basic biographical data on diplomats to their frequent flyer and credit card numbers, and even "biometric information on ranking North Korean diplomats."

Typical biometric information includes fingerprints, signatures, and iris recognition data.

The cable, simply signed 'CLINTON', is classified S/NF - or 'Secret/No Foreign' - and was sent to 33 embassies and the U.N. mission offices in New York, Vienna, and Rome.

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The Snitch in Your Pocket

newsweek.com
Amid all the furor over the Bush administration's warrantless wiretapping program a few years ago, a mini-revolt was brewing over another type of federal snooping that was getting no public attention at all. Federal prosecutors were seeking what seemed to be unusually sensitive records: internal data from telecommunications companies that showed the locations of their customers' cell phones—sometimes in real time, sometimes after the fact. The prosecutors said they needed the records to trace the movements of suspected drug traffickers, human smugglers, even corrupt public officials. But many federal magistrates—whose job is to sign off on search warrants and handle other routine court duties—were spooked by the requests. Some in New York, Pennsylvania, and Texas balked. Prosecutors "were using the cell phone as a surreptitious tracking device," said Stephen W. Smith, a federal magistrate in Houston. "And I started asking the U.S. Attorney's Office, 'What is the legal authority for this? What is the legal standard for getting this information?' "

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