Comm 372T Blog Project
(Twitter) California Governor Allows Warrantless Search of Cell Phones

California Governor Jerry Brown, (pictured above) has vetoed a proposed bill that would have forced police officers to recieve a search warrant from a judge before going through a an individual’s cell phone for incrimidating evidence.  Having been personally harassed by a police officer before, I am no stranger to conflicts like these.  According to the 5th Amendment to the constitution, a suspect of a crime has the right to not incriminate themselves. If communication in the form of a text message is incrimidating, than the individual should have the right to not hand over their cell phone in name of not incrimidating themselves.  This is why the right to remain silent is a key Miranda right.  But with a cell phone to do all the talking for you, how could one not incrimidate themself? 

Searching a phone without a warrant is an extreme example of invasion of personal privacy. It is like digging into an individuals secret thoughts and into their personal conversations.  By requiring a warrant,  it would require police to actually do their job, and convict fellons on hard evidence.  And most importantly it would prevent police from relying on their own judgement, which has been proven to be flawed time and time again.

More Info on the 5th Amendment

http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution