By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX.
https://richlandcollege.edu/
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Friday, April 29, 2011
4th Amend. Violations in Mich. re cell phones?
Allegations of practices by Mich. State Police which may violate the Fourth Amend.
Allegedly, police are "searching" (scanning) the cell phones of persons during traffic stops.
Stay tuned!
I don't know what these scanning devices are, but if they pick up cell phone transmissions, then it's not violating someone's right to privacy. No more than talking on a party line from days gone by. IMHO, electronic information transmitted over the air is fair game. That's why the military scrambles and encodes messages.
44: Thanks for the post. Unfortunately, exactly what is revealed and how the scan takes place was not revealed in the article. What you point out suggests that at least one issue in these cases is whether or not there has been a 4th Amend. "search." To have a search, there must be an intrusion into an area or some other activity that impinges on a person's "reasonable expectation of privacy." Stay tuned.
I don't know what these scanning devices are, but if they pick up cell phone transmissions, then it's not violating someone's right to privacy. No more than talking on a party line from days gone by. IMHO, electronic information transmitted over the air is fair game. That's why the military scrambles and encodes messages.
ReplyDelete44:
ReplyDeleteThanks for the post. Unfortunately, exactly what is revealed and how the scan takes place was not revealed in the article. What you point out suggests that at least one issue in these cases is whether or not there has been a 4th Amend. "search." To have a search, there must be an intrusion into an area or some other activity that impinges on a person's "reasonable expectation of privacy." Stay tuned.