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SCOTUS aren't morons....today.Follow

#1 Jun 25 2014 at 1:43 PM Rating: Excellent
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http://www.cnn.com/2014/06/25/justice/supreme-court-cell-phones/

Washington (CNN) -- The Supreme Court on Wednesday unanimously ruled that police may not search the cell phones of criminal suspects upon arrest without a warrant -- a sweeping endorsement for privacy rights.

By a 9-0 vote, the justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement.

Generally such searches are permitted if there is "probable cause" that a crime has been committed, to ensure officers' safety and prevent destruction of evidence.

Criminal suspects in Massachusetts and California were separately convicted, in part, after phone numbers, text messages, photos and addresses obtained from personal electronic devices linked them to drug and gang activity.

Those cases were appealed to the high court, giving it an opportunity to re-enter the public debate over the limits of privacy rights, with a focus on the ubiquitous cellphone and its vast storage of information and video.

The appeals were not related to the recent mass surveillance of phone metadata by the National Security Agency, which has raised similar constitutional concerns.

"The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought," the ruling said. "Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant."


Yay!
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#2 Jun 25 2014 at 1:46 PM Rating: Excellent
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As long as it can be confiscated upon arrest. Destruction of evidence and all that.
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#3 Jun 25 2014 at 1:49 PM Rating: Good
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All nine in agreement? Smiley: eek
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#4 Jun 25 2014 at 1:59 PM Rating: Excellent
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That was my first thought as well. Smiley: lol

Good to see we still agree on some things I guess.
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#5 Jun 25 2014 at 2:45 PM Rating: Decent
Elinda wrote:
All nine in agreement? Smiley: eek

Haven't there been more than a few unanimous decisions handed out recently?

http://www.nytimes.com/2013/05/28/us/supreme-court-issuing-more-unanimous-rulings.html
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/25/despite-hard-cases-supreme-court-displays-remarkable-degree-of-unanimity/



Edited, Jun 25th 2014 3:45pm by BrownDuck
#6 Jun 25 2014 at 5:10 PM Rating: Good
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Hmm, I don't see tablets, phablets, laptops, notebooks and myriad other devices mentioned...loophole for the win?
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#7 Jun 25 2014 at 5:29 PM Rating: Good
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angrymnk wrote:
Hmm, I don't see tablets, phablets, laptops, notebooks and myriad other devices mentioned...loophole for the win?


Hmmm. I haven't bothered looking at the actual records, but:

Quote:
By a 9-0 vote, the justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement.
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#8 Jun 25 2014 at 11:21 PM Rating: Good
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More good political news! I'm happy
#9 Jun 26 2014 at 6:42 AM Rating: Good
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Other SCOTUS rulings this week:

- EPA can regulate CO2. (Smiley: clap).
- Copyright laws DO prevent Aereo's little antenna from freely re-broadcasting tv content.

Still to come is the Hobby Lobby case - that was the one where the corporation was claiming their 1st Amendment rights were being violated because ACA mandates that their employee health insurance provides birth control. I think the result will be something like a determination that corporations DO have protections under the 1st amendment, but the ACA mandate does not infringe on those protections.




Edited, Jun 26th 2014 2:43pm by Elinda
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#10 Jun 26 2014 at 7:43 AM Rating: Good
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BrownDuck wrote:
Haven't there been more than a few unanimous decisions handed out recently?
The end is near. Apocalypse is Nigh. Praise En Sabah Nur.
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#11 Jun 26 2014 at 10:32 AM Rating: Excellent
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SCotUS decided unanimously to pretty much eliminate the president's constitutional power regarding recess appointments. Technically it still exists but a single guy coming into the Senate chamber and saying "We're in session, now we're not!" twice a week is sufficient to block it.
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Wow. Regular ol' Joph fan club in here.
#12 Jun 26 2014 at 11:05 AM Rating: Excellent
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Yeah, that's for the best.
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#13 Jun 26 2014 at 12:02 PM Rating: Excellent
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Jophiel wrote:
"We're in session, now we're not!"
More jobs should be like that.
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George Carlin wrote:
I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.
#14 Jun 26 2014 at 12:43 PM Rating: Good
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lolgaxe wrote:
Jophiel wrote:
"We're in session, now we're not!"
More jobs should be like that.
It's peace time. Take a break.
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#15 Jun 26 2014 at 2:31 PM Rating: Good
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Jophiel wrote:
SCotUS decided unanimously to pretty much eliminate the president's constitutional power regarding recess appointments. Technically it still exists but a single guy coming into the Senate chamber and saying "We're in session, now we're not!" twice a week is sufficient to block it.
Presidents have been abusing the recess appointment power for a long time. The decision didn't even touch on the fact that the appointments were made to vacancies that happened way before the recess (the vacancy needs to have occurred during the recess). So, that's still alive it seems.

I'm hoping for a situation where the majority in the senate wants to recess because the minority has enough votes to pass something the majority doesn't want passed, yet also wants to be in session to prevent the President from making a recess appointment. I know Senate procedure is a lot more complicated than that and it will not likely happen, but if it ever did it would be delicious.

lolgaxe wrote:
Jophiel wrote:
"We're in session, now we're not!"
More jobs should be like that.
Get appointed to a local zoning board out in the burbs and you won't even need to do that to collect about 25-30k a year.

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#16 Jun 26 2014 at 7:58 PM Rating: Good
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By definition, the minority party can't pass things the majority doesn't want passed.
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#17 Jun 26 2014 at 8:51 PM Rating: Good
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Timelordwho wrote:
By definition, the minority party can't pass things the majority doesn't want passed.
You're raining on my flight of fancy.

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"the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."
Hermann Goering, April 1946.
#18 Jun 26 2014 at 10:26 PM Rating: Excellent
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#19 Jun 27 2014 at 7:28 AM Rating: Good
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cynyck wrote:
Get appointed to a local zoning board out in the burbs and you won't even need to do that to collect about 25-30k a year.
I'd probably go out of my way to bulldoze all suburban neighborhoods.
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#20 Jun 27 2014 at 7:56 AM Rating: Good
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That'd be stupid. Then all those people are going to move into the city, and become your neighbours.
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#21 Jun 27 2014 at 8:02 AM Rating: Good
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Could rebuild the bulldozed areas into real places to live and they can stay there.
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George Carlin wrote:
I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.
#22 Jun 27 2014 at 9:18 AM Rating: Decent
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Another co-op city?
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#23 Jun 27 2014 at 9:20 AM Rating: Excellent
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Walmartville
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#24 Jun 27 2014 at 9:24 AM Rating: Good
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someproteinguy wrote:
Walmartville

A.K.A. a trailer-park.
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#25 Jun 27 2014 at 9:30 AM Rating: Excellent
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Uglysasquatch wrote:
someproteinguy wrote:
Walmartville

A.K.A. a trailer-park.
Manufactured housing is simply an efficient way to contain the unwashed masses.

Also, obligatory link... Smiley: rolleyes

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#26 Jun 27 2014 at 10:49 AM Rating: Good
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More reason for the bulldozers.
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George Carlin wrote:
I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.
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