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Should police be able to search cell phones without a warrant?

March 20, 2012

By Jeremy Quattlebaum, Student Voices staff writer

Chances are you have a lot of personal information on your cell phone – names and numbers of friends, personal text messages and photos, both flattering and not. But how would you feel if police could just search your phone without your permission?

That was the issue before the 7th U.S. Circuit Court of Appeals, which determined whether a police search of a cell phone without a warrant is a violation of the Fourth Amendment right against unlawful search and seizure.

In the case, a man was arrested for dealing drugs, and law enforcement searched his cell phone to track down his supplier. Citing urgency, the police said they had to search the man’s cell phone without a warrant because a phone could be erased remotely. They also argued that they looked through the phone only to find information only on people who were already under investigation, much like searching through a diary or address book to find information on a suspect.

Privacy advocates argue that what the police did was a violation of a person’s privacy and a violation of the Fourth Amendment, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”

The judge ruled in favor of the police, saying that, as a matter of urgency, police have the right to search someone’s phone without a warrant.

Paul Coggins, a former U.S. attorney, said that the ruling pushes the boundary of privacy. “Does that mean officers now have the right to search through your phone, search through your search history, your photographs, your e-mails and the rest, because it could all be wiped clean?” Coggins asked in a CBS DFW interview.

What do you think?

Do police have the right to search your phone without a warrant? Does the type of search, limited vs. thorough, affect whether the search requires a warrant? Do you agree with the judge’s reasoning that urgency is a factor? Join the discussion and let us know what you think!

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Comments
3/18/2016
Stroudsburg, PA
Ashley
Mr. Hanna/ Stroudsburg JHS
I think police should not be allowed to search your phone without a warrant, so this being said I don't agree with the judge. I feel this way because many people today live their life on their phone and hold private information that needs to be protected. I feel as if for many people their phone keeps most of what they store at their home such as important documents, bills, files, and more so in a sense all of what a police officer would find in he/she's home they will find in their phone so allowing a police officer to search he or she's phone without a warrant is like allowing a police officer to search their home without a warrant. I also believe that in no situation should an officer be allowed to search he or she's phone without a warrant because again searching someone's phone is like searching someone home and to search in someone's home you must have a warrant so I believe you must have a warrant no matter the situation.

3/16/2016
Stroudsburg, PA
Ahmed
Mr. Hanna/Stroudsburg, JHS
I think police should not be able to search a phone without a warrant beacause people have their personal stuff in their phone like email, messages or pictures. Police doesn't have any rights to search our phone without warrant. They can't just search our phones like that. if they do, people wouldn't trust any police.

3/16/2016
Stroudsburg JHS
darrick Hoefdraad
Mr.Hanna
i think that if a cop is racist or if they just what to see what your doing then no but if you were charged with something then yes i think they should be able to.

3/16/2016
Stroudsburg pa
Dj
Mr.Hanna/Sjhs
I believe that police officers should not be able to search phones without a warrant because you didn't even do anything wrong to get your phone searched so only people with a warrant should get searched

3/15/2016
Stroudsburg PA
Joe A
Mr.Hanna/stroudsburg JHS
It depends on the circumstances. They shouldn't be aloud to search it for minor things but if it's in the best interest of everyone they shouldn't need a warant.

3/14/2016
Stroudsburg
Emma Scott
Mr.Hanna
I believe police should not be aloud to search your phone without a warrant. I feel that this is a personal issue, for most people do not want their privacy invaded. If a person is a suspect to a crime or is under suspicion, police can get a warrant then search the suspect. A matter of a couple days wont matter, and if police have a warrant it will make the process more "normal."

1/6/2016
St.clair/MO
Joshua
Haddox/St.clair RX13
I think that they should have to have a warrant to search but they can take the phone until warrant is approved or denied. At least this way you cant delete the things that they have and, the cops dont get trouble for not having the warrant. I believe this is a great way to eliminate this problem.

12/7/2015
Diamond Bar/CA
Zoom P4
Wong/Lorbeer
I think that the police do not have a right to search a person's phone without a warrant because it violates the Third Amendment. Although I do believe police should check the person's phone, but they don't have a right to do so. Being a police does not allow them to bend the rules. If the police did have a warrant then it would be fine to check the person's phone.

12/6/2015
Diamond Bar, CA
ZaydaP5
Wong/Lorbeer
I think that the police do have the right to search a person's phone without a warrant. Now, usually when going through a person's personal items, the police need a warrant, but in the case of the man dealing drugs it was a matter of urgency. The reason this case was a matter of urgency, was because the police needed to find out who the supplier of the drugs was, and if they would have waited for a warrant the dealer could have erased this crucial information. I agree with the judges ruling because dealing drugs is a serious thing and it needs to be dealt with as quickly as possible.

11/13/2015
Diamond,CA
SharonP5
Wong/Lorbeer
I think that the police do have the right to search a person's phone without a warrant. Usually when going through peoples' personal things, such as a phone, the police is required to have a warrant but in this case, the man was arrested for dealing drugs and in order in find out who the suppler was they needed to search through the suspects phone. This does not need a warrant because it was a matter of urgency and it is a reasonable excuse. I agree with the judge because drug dealing is a very dangerous thing to do and you need to handle this case as quickly as possible.

6/5/2015
Stroudsburg, PA
Benny
Mr. Hanna/Stroudsburg JHS
No I don't think police should be aloud to search cell phones with out a warrant. I feel this way because without proof or consent from a judge you shouldn't be aloud to search a phone. That's private property and you can't violate that right without a warrant from a judge.

6/5/2015
Stroudsburg/Pennsylvania
Zach
Mr.hanna/Stroudsburg jr high
I think that police do have the right to check a criminals phone if they did something wrong and they believe there is info on the phone. The type of search does not matter due to limited va thorough check. I agree with the judge that it was a matter of urgency because they needed the important information and it helped them figure out the case.

11/13/2014
Stroudsburg PA
Mark M
MR.HANNA SJHS
Police should not be aloud to search cell phones without a warrant. Cell phones are everything to some people. LITERALLY. We have everything stored on our phones, money, personal information, and just privacy. Why would they be allowed to just check peoples phones? If the police have a warrant than yes, check away. But they can't be able to just knock on your front door and say we need to check your phone.

11/13/2014
Stroudsburg, PA
Jessica
Mr.Hanna/ Stroudsburg JHS
To be honest, I don't think that the police should look through people's phones without a warrant because people have personal stuff on their phones. Also people have rights and if they do that then they are breaking the first Amendment and they could get their police license taken away and then they would lose their jobs and they wouldn't be able to pay their bills and thy would lose their home and be homeless and I don't think people want to be homeless.

11/13/2014
Stroudsburg/Pa
Kristin
Hana/Sjhs
I believe that police do have the right to search peoples phones without warrants. They need limits to what they can search, like pictures should not be opend without a warrant, going as far as only checking text messages. Urgency is deffenatly a major factor, deleting the messages, or breaking the device could cause another step to take, like pulling phone records and trying to recover images. Therefore in serious cases or urgent cases like a drug bust may need to search without a warrant.

11/13/2014
Stroudsburg, Pa
Alexa
Mr.Hanna Sjhs
I think police should be able to search your phone without a warrant with only some things. Photos and texts could be private, But social media and website history shouldn't be that private unless you're trying to hide something. I think that police should need a warrant to search your photos and texts but not for history and social media.

11/13/2014
Stroudsburg/ PA
Kelsee Schouppe
Mr.Hanna/ Stroudsburg JHS
I believe that police don't have to right to search without a warrant. I think this because its your violation of privacy. You should be able to do what you want on you own without worrying about the police taking that information. Yes, the type of search, limited vs. thorough, affects whether the search requires a warrant. If they have a criminal record, of course you need to check you phone. Using Judge Sciarrino's logic, Twitter is in charge so they need to take cares of it.

11/13/2014
Stroudsburg, Pa
Madison
Mr.Hanna/ SJHS
In my opinion, I feel like the police should have at least some type of warrant before searching your phone as well as other possessions. On top of that yes, there may be reasons to search the persons phone, but not on apps or though photographs that may not or most likely have nothing to do with what they would be looking for. So, a limited search would be suggested until they get a warrent, then they should be able to have a full search on the persons phone once permitted. Otherwise, people could have important information such as passwords and other documents or photos that did not commit such a crime and are only a suspect.. Not actually a criminal.

11/13/2014
Stroudsburg PA
Kelsey
Mr. Hanna/ Stroudsburg JHS
In my opinion, police should have a warrent to be able to search people's phones. But, if the suspect has a history of being a trouble maker, they should be alloud to search their phone. Having police search your phone could be embarrassing. They could find something that is leagal if you are of age, but it could also embarras you. You have personal things on you phone and you don't want others to see. However, if there is a suspect that has a history of getting in trouble with the law, I believe police should be able to search the phone without a warrent. There could be something on the phone that could help them solve the crime. If they waste time trying to get a warrent, the suspect might break the phone or deleat anything against the law.

11/13/2014
Stroudsburg,PA
Bailee
Mr.Hanna/Stroudsburg JHS
I believe that police do have the right to search cellphones without a warrant. If they had to get a warrant the suspect could have time to delete any evidence off of their phone. The type of search does not matter whether it requires one or not. I agree that urgency is a factor because the suspect would have enough time to delete evidence off their phone before the police would get to search it. The phone should be searched immediately if it deals with something like cyberbullying. Even though this causes people to go into your private business, if you did something wrong your phone should be searched

11/13/2014
Stroudsburg/PA
Ben
Mr.Hanna/SJHS
I believe the police does not have the right to search your phone without a warrant. I believe this because a person could have their bank account on their phone and all that information could easily get in the wrong hands.

11/12/2014
Stroudsburg, PA
Sherwin
Mr.Hanna/Stroudsburg JHS
I believe that police should not be able to search cell phones without a warrant. I say this because some people have private things on their phone that they don't want other people to see. Also, what do police men need to search a phone for. If they search someones belongings without a warrant, it is placed as trespassing.

11/12/2014
Stroudsburg, PA
Gabriel
Mr.Hanna/Stroudsburg JHS
I do think that police or any sort of authority figure shouldn't have a warrent towards looking at devices, but however they should only look or review a phone or device when it is a emergency. I only think a warrent is really needed when police are having a limited search when they search in your personal photos and text messages because they are, again, personal information. Thorough searches I do not think need a warrent because information such as a phone's serial number or a certain, specific document isn't exactly personal information and as a result, people feel more comfortable allowing police or authorities looking at that sort of information. Urgency is actually a important factor with this sort of subject. If a judge or authority figure needs and requires some sort of limited search, I think it is a good idea to allow them to look at photos or messages, just as long as it's restrictive and people will only try to look at certain messages and photos and not them all. With all of that said, I do think that police or authories shouldn't have a warrent towards looking at a device or phone, but if they have to in a emergency, I think they should keep themselves restricted a little bit.

11/12/2014
Stroudsburg, PA
Sherwin
Mr.Hanna/Stroudsburg JHS
I believe police shouldn't be able to search phones without warrants. I say this because some people might have something private on their phone that they don't want anybody to see. Also, there is not reason for a police man to search somebody's phone. Ifyou search

11/12/2014
Stroudsburg, PA
Hana
Mr. Hanna/Stroudsburg JHS
I believe that the police should be allowed to search one's cell phone under some circumstances. If the person who's phone is being searched is suspected to be committing a crime or may have information about a crime that has been committed, then I believe that it is completely legal and right. Now, if the phone they are searching is owned by someone who has nothing on their record or has nothing to do with a crime, then I believe that the police MUST have a warrant. The search, thorough or not, all depends on the circumstances I stated above, but through searches should most likely require a warrant. I agree with the judge's reasoning that as a matter of urgency, police do not need a warrant. Many criminals use phones that can be destroyed right after use, so by the time the police get a warrant, the phone could already been destroyed, all memory lost. It might be a violation, but it keeps the criminals off the streets.

11/12/2014
Stroudsburg/Pennsylvania
Masi
Mr Hanna/ Junior High
I think police should have the right to search our phones without a warrant, but only under some circumstances. I beleive that if they needed to wait to get a warrant, the person could have time to delete any evidence that was there. Urgency is a factor. It is a violation of privacy but if you do something wrong or get cyber bullied, then they need to see it immediately

11/12/2014
Stroudsburg PA
Jill
Mr. Hana stroudsburg sjhs
I believe that police should have the right to search a phone only under some circumstances because say someone was cyber bulling another person, the person who cyber bullied the other person could just delete the message in the time that the cops are trying to get a search warrant.

11/12/2014
Stroudsburg JHS
Angela
Mr.Hanna
Police should not be able to search your phone without a warrant because you have personal information that is no ones business but if someone is in danger I do agree with the urgency..but they shouldn't be able to look at every single thing,just phone call history and internet history.

11/12/2014
Stroudsburg PA
Jonathan
Mr. Hanna/ Stroudsburg Junior High School
To me I think that police should not be able to search phones without a warrant beacuse it is a violation of privacy. I think that it depends about the search... I mean if they are looking for proof of murder then yes, but I don't think that they should be able to look through their text messages or social media account because once again that is a violation of privacy. I think in some way that it does matter on the judges because they need to see what the police are searching for on that persons phone

11/12/2014
Stroudsburg PA
Dylan
Mr.Hanna/Stroudsburg jhs
I think we should not go with this because it's violation of privacy. Also if someone is a identy thef if the drees up like a cop.

11/12/2014
Stroudsburg PA
Juliet/
Mr. Hanna/Stroudsburg JHS
I do not think that people's cell phones should normally be checked, but under some circumstances it should be allowed. If the situation has to do with law or important issues that checking their phone would help, then it definately shouldn't need a warrant. For example, in the story, the police had to check his phone without a warrant or it could be erased. The judge was correct in saying the police did have the right to check it. So, even though checking personal phone information normally it is not okay, in some situations it needs to be allowed without a warrant.

11/12/2014
Stroudsburg
Brian Buzzard
Mr. Hanna SJHS
I believe that if the situation is reasonable to check the phone, like looking for evidence or if someone is suspected of a crime. And if they do check your phone, it should be limited like checking internet history and texts but not social media. This can be a helpful way to help police officers figure out who the person is, who they are associated with, and what they are texting about. I see that it is personal property but if you have nothing to hide then there's no reason to be worried.

11/12/2014
Stroudsburg, PA
Devin
Mr.Hanna/Stroudsburg JHS
No, police have no right to search somebodys cell phone without a warrant. No matter what type of search is being run they need to have a warrant. It is the same as going into somebody's house and searching without a warrant. I also disagree with the judge even if it was an urgency it is still violation of the person's privacy. For all we know they went through his whole phone, there is no proof that they only looked through his contacts and looked at the suspects. Police need a warrant to search people's homes so why wouldn't they need a warrant to search a phone. This is a violation of the fourth amendment, they invaded his privacy without a warrant and they probably found out more than they admitted.

11/12/2014
Stroudsburg, PA
Kinley
Mr. Hanna/Stroudsburg JHS
No, because no one should be looking into your private business. Nobody should have the right to got through your personal things. Unless you give the police permission to...then it would be fine, but if they took it away from you without warning? That would be wrong. If the person was a suspect or if they looked suspicious then yes, but an innocent person? No.

11/12/2014
Stroudsburg, PA
Mackenzie
Mr. Hanna/ Stroudsburg JHS
I do not think police should search your phone without a warrant. I feel everyone has a right to their personal privacy. The one way I feel police should be able to check your phone, is by suspicious, misbehavior. If you acted out, or cyber bullied I feel any police officer should have access to your cell phone. But if you absolutely did nothing wrong I feel they have no right to get into your personal business. Everyone has a right to their own belongings. Therefore, I feel police should not be allowed to search your phone without a warrant.

11/12/2014
Stroudsburg, PA
Danny
Mr. Hanna/Stroudsburg JHS
I believe that cops should be able to check people's phones without a search warrent. I feel that if the person is scanning the web for bad things and someone is tracking them, then the phones should be searched at anytime. Urgency can be a factor in this, like in viral bullying if someone is to the point were they are threatening someone than the phone should be checked by police

11/12/2014
Stroudsburg/PA
Derek
Mr. Hanna/Stroudsburg JHS
For sake of human privacy, I believe that police officers are not allowed to check your phone without warranty. Now, that goes without taking into consideration of what type of search it is. If it is a limited search, then I believe that a warranty is not necessary. But if it is a thorough search, then I believe a warranty IS necessary. This is because with a limited search, the officer won't be going through your privacy as much as he/she would if it were a thorough search. I also do not agree with the judge's reasoning that urgency is a factor because it won't hurt to just wait a day or two. And in that time, you can confiscate the phone to make sure the person won't change anything.

11/12/2014
Stroudsburg, PA
Mae
Mr. Hanna/Stroudsburg JHS
I believe that the police have the right to search your phone without a warrant. If a through search is necessary then every precaution should be taken to make sure that person is innocent or guilty for whatever crime they are accused of. if the search is only limited then the phone should still be checked in case that person has done something wrong other than what they are being accused of. I also agree with the judge. The fact that the evidence could be lost by just tapping "delete" on the phones is a risk we can't take. The phones should be checked right away so no evidence is lost.

11/12/2014
Stroudsburg, PA
Karen
Mr.Hanna/Stroudsburg JHS
I believe that police should be able to check your phone without a warrant. But only to someone that looks suspicious because it's your own privacy and nobody has the right to go through your personal stuff UNLESS... you look suspicious. I don't think police man do not need a warrant to check your phone because they are trying to protect us. Police man can find many people that are doing terrible things just by a glance at their phone. I also Believe that it is an emergency to do this right away to protect us.

11/12/2014
Stroudsburg, PA
Musib
Mr. Hanna/Stroudsburg JHS
The police doesn't have the right to search your phone without a warrant because some people might have something personal in their device. If they are doing something illegal then the police have the right to search someone's phone. If the police shouldn't be able to check the person's phone who may look suspicious. The police is only trying to protect us from criminals. They can check phones of people if they have a warrant. I

11/12/2014
Stroudsburg, PA
Steven
Me.Hanna/Stroudsburg JHS
The police do not have a right to check my phone unless I give permission for them to do so. I think that if I or someone else gets in trouble for doing something wrong then the police get to look through my phone but if they want to do a random search then I don't thinks it's right. The judge would not have the right to look through my phone out of the blue it would make no sense, and it would be useless.

11/12/2014
Stroudsburg,Pa
Nataliya
Mr.hanna/ Stroudsburg JHS
It depends, if the person was a major criminal I think police should be able to search his/her phone without permission, but I don't think they should search and innocent persons phone.

11/12/2014
Stroudsburg, PA
Kevon
Mr.Hanna/Stroudsburg JHS
No, I don't think the cops should be able to search people's cell phones. But in some ways they do. Like they said in the story that if they catch a drug dealer, they can look through his/hers phone to get hold of his/her buyer. But in other ways they don't have the right to because they can look through personal things like, pictures,numbers,address, and other things.

11/12/2014
Stoudsburg,PA
Karissa
Mr.Hanna/Stroudsburg JHS
Should police check your phone without a warrent?? In some cases like if you were involved in murder or selling drugs or doing something against the law then yes but if its just a random phone check then NO. Some people may have private things on their phone that they want to keep private they don't need the police or anybody looking through their phones. They need a reason and a warrent to look through peoples phones.

11/12/2014
Stroudsburg,pa
CJ
Mr.hanna/stroudsburg jhs
I think they should because if they were trying to find evedence of a crime they would haft to use and find anything that they can find.Also they would use your phone for information about you

11/12/2014
Stroudsburg, PA
Adam
Mr.Hanna/ Stroudsburg Junior High
I think it is a good idea. You can stop criminals in there tracks. Therefore stopping the criminal act before it happens.

11/12/2014
Stroudsburg
Sebastian
Mr. Hanna SJHS
Particularly in this situation the police would be allowed to search the drug dealers phone but if the situayion is small they should need a warrant.

11/12/2014
Stroudsburg,Pa
Jaylen
Mr.Hanna/Stroudsburg junior high school
My personal feelings about this arguement or title is mixed because I'm going for that police should not use or search through your phone without permission. There is stuff on an average person's phone that they personally don't want the police. The most reasonable reason for a police searching through your phone is to either track you down or know you info about where you live you age etc. But I'm still apposing against that police should never check through your phone without a warrant or permission because you could just show them the information yourself without police going through your phone.

11/12/2014
Stroudsburg, PA
Adam
Mr.Hanna/ Stroudsburg Junior High
I think it is a good idea:)

9/10/2014
Irving/Texas
Jorge
Bradley
I believe that in some cases, such as the one spoke about in the article, police should be allowed to check the perpetrator’s phone for more info to incriminate the perpetrator and any accomplices, BUT police shouldn't be able to just go to someone who may look suspicious and look in their phone without a warrant. Police are our only protection against criminals, and during a moment of urgency where it is possible to bust a huge crime organization such as suppliers of narcotics then, go ahead cops do your job and protect me from drugs. Yes it might be a violation of the 4th amendment, but this little violation and put many criminals behind bars.

9/10/2014
Irving/Texas
Peyton
Bradley/Nimitz
I think that police have no right to search a citizens phone if there is no warrant to do so. It all comes down to the fact that a cell phone is private property. If police aren't allowed to search someone's house or car without a warrant, a cell phone should be no different. If a policemen gets a warrant, and has a legitimate reason to search my phone, then that is okay, but strict suspicion should not be allowed. Despite the fact that technology is very different from things such as a car, or a house, private property is private property and it is one of our rights. It all depends on the severity of the situation or case, but in ANY case, a warrant should be required to search a private cell phone.

9/5/2014
Dallas/Texas
Jaleel
Bradley/Nimitz
Police should be able to search your phone when it is relevant and crucial to the the successful determination of guilt or support of evidence. The question is whether or not they should be allowed to search it without a warrant. Under the current systems and processes of searching private property police should have a warrant in order to search a cell phone regardless of the factor of immediacy. However, knowing that cell phones, email addresses, and social messengers can be remotely accessed and erased reveals the necessity for creating a process to garner a warrant or form of permission to search a technological device within a reasonable time period.

6/12/2014
Stroudsburg, PA
Rabeea
Mr.Hanna/Stroudsburg JHS
No, police should not be able to search a cell phone with out a warrant. It should be considered the same as a home or a car because it is private property and could contain personal and private information.

6/12/2014
Stroudsburg / PA
Michael I.
Mr. Hanna/Stroudsburg
Yes I think the police should be able to search your phone. First of all, if you have nothing to hide so it should not matter. Next, the police are only searching for bad things so personal information would not matter to them.

5/30/2014
Maple/Wisconsin
Luke
Mr. Crail
I think cell phones are private property and just like your car or house they contain other personal materials. so if a search warrant is required for a house or car search then a warrant should be required for searching cell phones as well.

5/7/2014
Rudyard / Montana
James White
Mrs. Campbell / North Star High School
I think that they should have a search warrent to search your phone. It is defiantly a personal item and you have things on there that you do not want people to see.

5/1/2014
Homestead, Florida
Tysha Brown
Callahan/ South Dade Senior High
I think that officers should not be allowed to search our phones. It's our privacy and we feel like our cell phones secure our personal information so why have an officer come and take that away. It's pointless and just stupid.

2/3/2014
Watertown/Massachusetts
Nick Soares
Rimas / Watertown
No the police should not be able to look through peoples cell phone without a warrant because it is personal property.

9/27/2013
Watertown/MA
Heidi
Rimas/WHS
The police has no right to search your phone without a warrant. It is an invasion of privacy. If the police have a reason to search your phone the they should get a warrant, because they might not find what they were looking for and maybe they could have found something else.

9/27/2013
Watertown/Ma
Kaylee
Rimas/Watertown High School
Police should only be able to search through your phone if they have a warrant. It isn't fair to search a phone if the police don't have a warrant because maybe there is not enough evidence or reason to search their phones.

9/27/2013
Watertown, MA
Santos C.
Rimas/watertown high
Police shouldn't be able to search cell phones without a warrant since it violates the 4th amendment so its very unconstitutional. The 4th amendment says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.". According the the amendment if the police want to search your cellphone or any other personal item they need a warrant.

9/6/2013
Belleville, NY
Milinda
Colby, Belleville Henderson
I think police shouldn't be able to search peoples cell phones anymore. It is a violation of privacy, u should have a warant to prove you need the cell phone in a case. That is peoples privacy and personal texts, phone calls, pictures and anything else they have on there. With what happened with the man that was involved in drugs, they should of got a warant to look through the cell phone to track down his supplier. Even though they said it could be erased once sometheings out there its always out there. It may be erased on the phone but there still may be records of it. Also it definitley was a violation of a persons privacy, i thing you need a warant to prove you need a persons belongings and to show you are in suspicion of a person. Even though they say it was a matter of urgeny it still went against the Fourth Amendment and people may look at that as unconstitutional. In which it is< we should follow the amendments as citizzens and as law enforcement.

6/5/2013
Irving, TX
Delvon
Malcolm 5 Nimitz
I think that police do have a right to search phones without a warrant. You can clear out phone information from the internet, so if the suspect's friend knew they had been arrested they could log on and erase their friend's phone. Because it probably takes a while to get a warrant, they should be allowed to look at phones. I don't think they should be able to look through phones unless the person is actually arrested. I have heard kids that had their phones looked through while they were called to the office, and I don't think that is right. I think a limited search, as in just names and numbers is okay without a warrant, but a warrant should be needed to go through call history, photos and more detailed searched. I agree with the judge that it would be urgent to get names and numbers before the phone can be wiped out.

4/26/2013
Chicago, IL
Doreyda
Ms. Garcia / Zapata Academy
Suppose it is proposed as a bill to allow law enforcement to check cell phones. The only time they should actually be going through others’ cell phones is if that person or group of people are already wanted for committing various crimes. For these people, their cell phones should be confiscated and the cell phone should be checked thoroughly.

3/19/2013
Denver, Colorado
Ana V.
Mrs. Mumby John F Kennedy
police should'nt be able to search cell phones without a warrant, because then what if some people have privacy that you dont want to show anyone inless you give them promission but other wise they should'nt do that without a warrant, Its also invating someones personal space.

3/19/2013
Dernver colorado
Rachel G.
Mrs. Mumby/ John .F. Kennedy
Police should absolutely not be allowed to search others cell phones with out a warrant, because that is violating someones privacy. That is not fair if the person is not introuble or anything you should be able to have your freedom and privacy. There is also so many things that people are private about, and the police being able to see things that are very private to them thats kind of just letting the whole world see what your doing and your business. That is just totally not fare.

2/20/2013
Sidney, MT
Amber W.
Mr. Faulhaber/Government
No, absolutely under no circumstances should a police officer be able to search through anyone's phone without obtaining a warrent first. Under the 4th Amendment people are granted the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...." I believe a device that probably holds most, to all of your personal information, along with many other personal things (texts, calls, photos, search history, etc.) falls under this statement. If a police officer can not search someones house, which contains as much personal information as a cellular device, without a warrent...then why should they be able to search someone's cell phone without a warrent? I believe this to be unconstitutional and illegal.

2/20/2013
Sidney/Montana
Vickie
Mr. Faulhaber/Sidney High School
I believe that police do not have a right to go through your phone without a warrant. I say this because it like any other pesonal thing you own like your house, or car. same rules should apply to cell phones. Going through somebodies phone is like going through somebodies diary nowadays.

2/19/2013
Roseburg.OR
Christina
Boys and Girls club.
This is a yes and no awnser. Yes,because what if you came up missing or,you got kidnapped. The cops could search your phone to see where you are. To know your safe. And not in harms way. No,because it is YOUR personal proberty,you have your personal stuff in there. Like texts,calls,or voice mails. But if you were hurt,or getting kidnapped would you really care if the police went threw your phone to find out if your dead or not?

2/6/2013
Harrisburg, PA
Remi
Central Dauphin High School
I think police do not have the right to search a suspects cell phone without a search warrant. There should be no reason for an officer to search because it is someone else private and personal property. I don't agree with the judge because it should not be aloud and should be titled unconstitutional. No one should be able to see someone elses private property without persmission.

2/6/2013
harrisburg
Ja'quellen
mrs. morris/ Central Dauphin High School
I do not think police should be able to search cell phoes without a warrant. Because that that is a violation of the 4th amendment. And i have questionable pictures on my phone.

1/11/2013
Sidney MT
Colleen
Mr. Faulhaber
I don't agree with police being able to search your phone without a warrant. Your cell phone is private and your privacy is protected by the Fourth Amendment. If the police absolutly have to look at your phone because of something that has happened than they need to get a warrant fast.

1/7/2013
Montgomery, TX
Ruben J.
Metzger/ MHS
I agree with this article, but i also disagree. A person's cell phone is a private and personal item and i don not think that police have the right to search and go through it without having probable cause. Searching a phone for no reason violates the 4th amendment with speaks about one's privacy, it a case is being investigated with a appropriate warrant a search can be conducted in my opinion.

1/7/2013
Montgomery/Tx
Austin G.
Metzger/MHS
What the police did in this case, I believe it to be a violation of the fourth amendment right. A phone is a personal belonging and just because the information could be deleted shouldn’t give them to right to search through it. If the police knew he was in contact with other drug dealers then they should have had time to get a warrant for the phone.

1/4/2013
Belleville, NY
Chandler
Belleville
Police should not have the right to search a persons cell phone. If they had a warrent then yes i think the police could search a persons cell phone. Or if someone got into a car accident and were by themselves if they supected the accident caused from texting.

1/3/2013
TX
Dominique A
Metzger/MHS
In this article it speaks about how the police would investigate a person's address book or diary for evidence. However, to get into each of those personal items you would need a warrant due to the fact that it is your personal belongings. The police wouldn't strip search someone if they without a warning or warrant even if the suspect possibly carried illegal substances that could be tossed away. It is our right not to have our personal belongings violated or intruded upon. Allowing people of law onto our computers or cell phones would be the same example as allowing them into our homes without knowing.

1/3/2013
TX
Austin P
Metzger/ MHS
I feel like that is a violation of the fourth amendement, the violation of a persons rights and privacy. The police have no right to go through your belongings with out a warrant, its the same as if they want to search your house. Its your personal possesion. Police think have more authority then any body, they think there better than everybody when there the same as you and me with the same rights!

12/11/2012
TX
Victoria V
Metzger/MHS
I think that the police have no right to search cell phones without a warent.However I do believe that they should take up the phone only if they are being arrested , but may not go through it, unless a warrent is addresed by the judge later on. Therefore, it should only be held. as a piece of evidence that has not yet been opend.

12/9/2012
CA
Yovana
Monache
The police does not have a right to search your phone without a warrant. The type of search does not affect whether the search requires a warrant or not. In the case mentioned the judges reasoning is understandable. Only in some cases such as criminal cases does the police have the right to look through a phone. Other than that a justification is needed.

11/19/2012
belleville, NY
Rebecca
colby/belleville henderson central school
umm NO! if you have a warrant for searching through someone's phone, then yes you have a right to go through that persons phone.

11/10/2012
Montgomery/TX
Savannah
Metzger/Montgomery High
I don't agree with police having the right to look at someone else's phone without their consent. I believe police take advantage of their rights and use it against people. Just like it's agianst the law for us to go over the speed limit a little bit but police can, for example, go 80 in a 60. I don't think that's right or fair. Also, a phone is a personal item to everyone. They may have very personal information in their that is no one elses business. It would be a different story if the police knew for a fact that their was something on their illegal or needed to be taken care of.

11/1/2012
Rudyard, Montana
Samara
North Star Schools
I phone is a personal item for one to go through, but the police do not have the right to go through ones items. That kind of thing requires a warrant. It is an 'effect' of one's personal items. But it does not mean that the judge's urgency is a factor, for indeed it was. Depending upon the factors of needing to go through one's cell phone, then can one be permitted to go through it. For example if, like this, was urgent to find who was supplying drugs, they have that right. If one was to be raped, wouldn't you give your phone up to see what is going on?

10/30/2012
Sidney
Lacey
Mr.Faulhaber
no police should not be able to search your phone without a warrant let alone search your cell phone at all its an invasion of privacy and you dont see them paying for the bill do you??? so no they should have no business looking at your phone at anytime unless its for a good cause.

10/24/2012
Watertown/MA
George W.
Mr.Rimas
they aren't helping me pay my phone bill so no.

10/24/2012
Watertown, MA
Melanie F.
Watertown High School
i believe that the police shouldn't be able to go through a person's cell phone because just like their house it is private property. The police need a warrant to search a person's house, then they should need one to search through someone's phone. They have no right to search through anyone's private property without a warrant.

10/24/2012
Watertown MA
Jordan
Rimas
If a police officer gets the right to search through a persons cell phone that is a violation a persons rights. That is like the police walking into a persons house without probable cause or without that person saying "yes you can come in", that wouldnt be fair to anyone.

10/24/2012
Watertown
Jessica
John Rimas/Watertown High
I do not think that police officer should have the right to search cell phones without a warrant simply because it goes against the 4th amendment. Your phone, just like your house is your private property.

9/28/2012
Belleville, New York
Erin
Colby/ Belleville Henderson
I think police should have the right to search your cell phone. If you have gotten into a car accident it could have been from texting. The only way the police would be able to prove it is to look at your phone. So yes I think they should be able to.

9/25/2012
Rudyard
Donovan
Ms.Campbell / Northstar
Should police be able to search cell phones without a warrant? I think that police should have to have a warrent to see through your cell phones . Cell phones are just like your house, you need a warrent for to go into someones house that private property.

9/7/2012
Sidney
Colleen
Mr.Faulhaber
I think that a persons cell phone is private and nobody should have the right to look at it.

9/7/2012
Sidney, Montana
Dalton
Mr. Faulhaber
I beleive that police should have to have a warrent to look through your phone. I beleive this because your phone is just like your house it is private property.

9/7/2012
Sidney, MT
Chris
Mr. Faulhaber
I think that a person's cell phone is just like their house or their car. The police can't go through your car or house without a search warrent so why should they be able to go through your cell phone.

9/7/2012
Sidney, MT
Matt
Mr. Faulhaber
I think that police should have to get a warrant to seach through your phone. Your cell phone is private property just like your home and vehicle and they should have to either have permission from the owner or a warrant.

9/7/2012
Sidney, MT
Justin
Mr. Faulhaber
I beleive that a person's cell phone is another major form of privacy and should be treated as though it is. A police can not search your house which is your privacy, and I feel as though your phone is in the same case.

9/7/2012
Sidney, Montana
Jason
Mr. Faulhaber
I believe that the Fourth Amendment protects against all unlawful searches. I also believe that what someone has on their cell phone is private property and a warrant is needed for an officer to search it. It's black and white.

9/7/2012
Sidney, MT
Courtney
Faulhaber / Sidney High School
I think the police should give people the right to privacy. If they get in trouble, punish them. You shouldn't have to go through their personal things and information just to find something out. We have a cell phone for ourselves, not for others, to see. Also, what if a drug dealer got caught with drugs but didn't have a cell phone, then they have nothing to search and I'm sure it wouldn't hurt them. Don't violate someone's privacy just for your own sense of getting more people in trouble.

9/7/2012
Montana
Keziah
Sidney High School
I think it's absolutely ridiculous to even THINK that it would be acceptable for the police to search ANYONE'S cell phone without a warrant. We have the right to our privacy, and in doing this, our privacy would be stolen from us. I already believe that too much is being done to keep a close eye on the public, such as putting video cameras in every corner of every school in the country. I would sue up the ying-yang if my privacy rights were violated and my cell phone was looked through without a warrant.

5/11/2012
Porterville, CA
John
Smith/Monache
Again it seems private information is a big issue. The uprising of the Pirate Party seems to be finding its way into our culture at last. Privacy is the big issue here. What warrants private property? Is information private property? Is opinion private property? Just the debate over these questions is evidence enough to prove that America is starting to sway towards the ideal of the right to private information. Most of us know it isn't right to disrespect privacy, and this is due to our fourth amendment rights. So let's just come out on this subject officially: Everyone has the right to Privacy, regardless of way, shape, or form!

5/10/2012
Porterville, CA
Andres
Mr.Smith/Monache
I think police officers do have the right to search peoples phone without a warrant but only in strict situations. I do think that the judge’s reason that urgency was a factor. If he had a chance to clear his contacts and evidence from his phone he would have probably done it.

5/10/2012
porterville,ca
salinna
smith/monache
I believe that the police dont have a right to search through the cell phones. In some cases like for evidence after they have been arrested then yes. Though it is a viaolation of there privacy. Searching through someones cell phone should require a search warrent. The goverment is already spying through are conversations. Thus, stripping away more of our freedom.

5/10/2012
plain city
nathan
fremont
The key word in the fourth amendment is “unreasonable searches and seizures”. The police have the authority to perform these searches if they have a reasonable suspicion. The only problem that you run into is who decides what is reasonable and what is not. It relies on the person in charge to be responsible and will do the right thing. Now some people are and some people are not. If we do not want people to make these decisions then we should come up with ways to counteract the reasons that would impose a time limit on these things. If we do this then the police would have the time to get a warrant and not have to worry about the information being deleted while getting the warrant.

5/6/2012
Porterville CA
Anthony
Smith/Monache High School
Police do not have any right to search through someone’s private things including cell phones with out a warrant. Police think they can go through a cell phone with out a warrant and get away with it when in a reality that is violating the 4th Amendment. so all in all i do not agree with police or any other form of authority trying to go through someone’s personal cell phone with out a warrant.

5/4/2012
Montgomery/ TX
CourtneyC
Metzger/Montgomery
Police do not have the right to search a person's phone without a warrant. It is a total invasion of privacy. They would need to forsure have probable cause or a warrant before i'd let a cop start going through my phone. Not that i have anything to hide at all and i surely am not a drug dealer. I just think police believe they have all this power and can do whatever they please and they dont! How dare they violate our 4th Amendment.

5/2/2012
Baltimore/MD
Tatyana
Jones-Prettyman/Baltimore Talent Development High School
No. I don't think that it would be fair for them to check your phone without a warrant because it is your business.

5/1/2012
Baltimore/MD
Joseph
Jones-Prettyman/Baltimore Talent Development High School
I don't think they should do it without a warrant unless they know for sure that something is on the phone that they need or it is something that activates something like a bomb.

5/1/2012
Baltimore/MD
Antonio B.
Jones-Prettyman/Baltimore Talent and Development High School
No. They shouldn't because why do they have to search a phone if we do not have anything, like a bomb, on our phone.

5/1/2012
montgomery/texas
chris
metzger/montgomery
A phone is a persons private property. Usually it is always on their personal self. A phone can have history, pictures, video, text messages, and contacts. Police officers are not a superior being to the rest of us, they're just regualar people. Say your at a restraunt and "john" from across the room randomly asked hey let me see your phone and look through it .....you'd say no. It's the same way in this situation. Though if they have a warrant and have reason to believe there is information on ones phone it should be alright for police to take it and look through but only recored revalent data and nothing personal.

4/30/2012
Porterville/CA
Mario
Smith/Monache
I feel that a search in cell phones would be a waste of time. Exactly what kind of things would authorities be looking for? Pictures of lovers? Text messages from the cute girl? Absurd. This act is completely an invasion of privacy! If a search, like all searches, it should be with a warrant and a reasonable excuse in order to search. However, in some cases like this one, a search led to an arrest of a person, which is nice to get evil doers off the street.

4/29/2012
montgomery/ Tx
megan a
metzger/ montgomery
In some cases it can be helpful in solving other crimes. But in other cases if you are a law abiding citizen it can violate your privacy. In the case of criminals for example if a drug dealer is arrested. Going through his cell phone and checking text messages, emails, and his contacts could lead to other arrests. One way to protect your privacy would be to keep a password on your cell phone where police officers could not access your information without a warrant.

4/19/2012
Irving TX
Elizabeth R
Bradley/ Nimitz
Police do have the right to search a person's phone with out a warrant. If a person has nothing to hide then they will not mind. I know that a lot of people just do not like others going through their things even if they have nothing to really hide. But a police officer is not just going to go through a phone unless they feel like they have to. I completely agree that urgency was a factor. The person being arrested was a criminal and it led to other suspects. It was used for a good cause.

4/18/2012
Warren/Illinois
Morgan J.
Warren High School
No i do not think that police should be able to look through your phone without a warrant. Police should not be able to search anything without a warrant. They should, to search your home or cell phone or take anything, have a warrant.

4/18/2012
Warren
Austin
Mrs. Hoff/Warren High School
No they should not be able to because they have to have a search warrant for everything else.

4/16/2012
Sidney Montana
Erik C.
Mr. Garrison
It's unlawful search and seizure, and it wasn't an urgent situation.

4/16/2012
Sidney, MT
Tegan
Ms. Gunderson Sidney High School
I dont think the police should be able to search your phone unless they have a warrant, or if it happens to be a terrorist related.

4/16/2012
Sidney, MT
Dale D.
Ms. Gunderson
No, they have no right to search through your belongins including your cell phone without a warrant. It is invasive and clearly violates your 4th amendment right to unreasonable search and seizure. The only time is should be allowed is in extreme cases like life or death situations.

4/16/2012
Sidney, MT
Hayley
Ms. Gunderson/Sidney High School
The police do not have a right to search your cell phone without a warrant. It goes against the 4th Amendment. Urgency is only somewhat a factor. The type of search doesn't matter, it is still invading your privacy.

4/16/2012
Sidney, Montana, United States, Pangea.
Brennan H.
Ms. Gunderson/Sidney High School
I think Its wrong to search someones cell phone because it is invasive so our own privacy and personal property. There is no probable cause.

4/16/2012
Sidney, Montana
Kody
Gunderson
Its a vialation of the 4th amendment so there should be a warrant for searching through cell phones.

4/16/2012
Sidney, MT
Tanner
Ms. G
I beleive that the police do not have a reason in any way to search that mans cell phone. I beleive they dont because they are in violation of the 4th Amendment.

4/16/2012
Sidney, MT
Joseph
Ms. Gunderson/ Sidney High School
The police shouldn't be able to search anything that you cosider to part of your privacy unless its something that threatens our National Security. And even then they should still need to show probable cause.

4/16/2012
Sidney, MT
nadia
mrs. G/ sidney h.s.
the police should be able to search as long as they have a reason and their facts straight

4/16/2012
Sidney/MT
Taylor
Faulhaber/Sidney High School
I believe the police should not be able to search your phone without a warrant unless its a matter of nation security. The information someone has on their phone is very private. If the police need to search someones phone they should need to go through the proper steps to do so. Searching someones phone is no different than searching a house.

4/16/2012
Sidney, MT
Karley
Ms. Gunderson Sidney High School
I believe that the police have the right to search you phone without a warrant with certain major situations. I think that in this case they needed to act fast to make sure the phones internal storage wasn't deleted. The police knew that they were going to find information in this mans phone that would help them bring more drug dealer to jail so they needed to react and search the phone without a warrent. I think that police do need to make sure they are not crossing the line when they do search without a warrent. Such as if they pulled someone over for a DUI/ MIP they should not be able to search your phone, saying that they wanted to see where you were giving the alcohol. I think in that situation it is unreasonable.

4/16/2012
Sidney, MT
Shane
Ms. Gunderson/SHS
The police have no right to search your phone without a warrant. It clearly violates your Fourth Amendment right, preventing unlawful searches and seizures. It also violates your privacy. Whether the search is "urgent" or not, the police still need to get a warrant. Calls and texts can already be viewed by the government so why do the police need to search the phone? If the search is limited or thorough, the police still need a warrant because it is still a search which requires a warrant. That is all.

4/16/2012
Sidney, Montana
Tori
Ms. Gunderson/ Sidney High School
Police should not be able to search a cell phone without a warrent. It is a violation of the 4th Amendment. It doesn't matter if the search is limited or thorough, it is still an invation of privacy and goes against the 4th Amendment. If the police absolutely need to search the phone they should have to get a warrant. If the police feel the situation is "urgant" then they should just have stay with the person and the phone until they get a warrant.

4/16/2012
Sidney, MT
Lizzy
Ms. G
No, the police do not have the right to search your phone without a warrant, whether it's limited OR thorough, unless the police has probable cause. I agree with the judge, because obviously the police had probable cause, he caught him dealing drugs.

4/16/2012
Sidney, MT
Jaycee
Ms. Gunderson
I believe that the police should be able to search through someones cell phone only if that person is already convicted of a crime and all the police or higher authority needs is more evidence. In all other cases, i believe that a police officer must have a warrant before searching through someones property. If there is a case of urgency and there is evidence located in the cell phone, then an authority should have the right to look in the phone without permission.

4/16/2012
Sidney, MT
Brett M.
Sidney High School
I do not think the police has the right to search through your phone without a warrant. That violates the 4th Amendment. Everyone has a right to their privacy, and the police can not use the excuse of an urgency to go through their phone. I do not agree with the judge saying if it is an urgency go for it, that is not fair, and it is a violation of the 4th amendment. If the police can violate ammendments how come we get in trouble if we do?

4/15/2012
Irving, TX
Lilly H
Bradley/Nimitz
No, typically the police does not have the right to search your phone without a warrant whether it's a limited or thorough search, but I agree with the judge who concluded that in a matter of urgency, there's no need for a warrant. Searching the cellphone in that particular situation was not so “unreasonable.” However, with that conclusion, a uniform definition of urgency has to be established or else too many discrepancies will arise as a result. For example, citing urgency to search without a warrant when there is no real evidence indicating a need for that search should not be allowed.

4/13/2012
Irving, Texas
Fatima S
Bradley/Nimitz
If it is a national or criminal important case, then I think police should be able to search someone’s cell phone. I believe that the police should have the right to look through suspects cell phones without a warrant because if they truly are innocent then they shouldn’t mind sharing. Information is so easy to hid nowadays and it’s only getting harder on the police because it is harder to find ties to criminals with data or evidence being threatened to be deleted. By allowing police to search a suspects cell phone, the process of eliminating the non-guilty can become much faster. A cell phone is a cell phone that is used to communicate with others. What is there to hide? If there is something to hide then maybe they have a valid enough reason to search for information in your phone.

4/13/2012
Irving,TX
Richard
Bradley/Nimitz
For an officer to go through someones phone without a warrant does violate the Fourth Amendment. It is understandable why the officer went through the mans phone, but without a warrant, it is not allowed. Sadly, the man had his rights violated even though he himself was doing wrong. The man had his privacy violated. The judges decision can be considered both good and bad. Not every officer thinks the same. Some officers might have different definitions of urgency. The judges decision could give some officers an advantage, but depending of the officer, that advantage could be for the good or for the bad.

4/12/2012
Irving/TX
Carolina
Bradley/Nimitz
The police should not have the ability to search your phone without a warrant. This is a violation of your privacy. Even if it was urgent to get the information from the phone the police shouldn't just barged in to this individual demanding for the phone. It defeats the purpose of the use of warrants in the first place and it also questions the fourth amendment in the constitution.

4/12/2012
Benson, Arizona
Jenna
Mr. Sorensen, Benson High School
Today cell phones are used as an all around device. It holds passwords, bank account information, emails, classified documents and more. The police should not be able to search a cell phone without a warrant. Not all police officers are good honest people. My family has had personal experience with police officers who were not honest so i have a strong negative opinion about them in the first place.

4/12/2012
Irving, Tx
Adam
Bradley/ Nimitz
Police do not have the right to search anybodies phone without a search warrant. A phone can contain as much or more classified information than what is commonly kept in a house. It does not matter the type of search, any and all need a warrant with probable cause in order to look through someones private belongings. I understand that in an urgent situation searching a phone could save lives but in any case I don not agree with how the judge ruled.

4/12/2012
Irving/Texas
Taylor
Bradley/Nimitz
It is unlawful for the police to search a phone without a warrant. It is a violation of privacy. If the technology exists that a phone can be cleared remotely, the government then has the ability to search a phone remotely. The government can already listen in on calls and monitor them so there is no reason for a phone to be physically searched, regardless of the “urgency”. It is fair to say that if they can, without our knowing or permission, accesses calls and information on the phone remotely, then they do not need to physically search the phone without a warrant.

4/12/2012
Irving/Texas
Marvin G.
Ms. Bradley/Nimitz High School
The L.A.P.D will treat you like a king! This issue remind me of that incident. Sure no cell phone was the reason for that to happen, but it could turn out that way. Police cannot and SHOULD NOT search anyones phones with a warrant. If they can do that, they I will walk into a police station when I have time and dig though THEIR phones and emails with out a warrant. Because if they can do it, then why can't I? If they can toss my rights out the window then why shouldn't I return the favor? Even if it is an "Urgency" no judge should rule in favor of the police department. And what kind of "Urgency" could it have been? The cop could have ordered donuts after he made the arrest. From his OWN cell phone

4/12/2012
Irving/Texas
Aubrey G.
Bradley/Nimitz
The police don't have a right to search cell phones. Phones have tons of personal information on there, not just about the owner but about the people in it. The police are using one person's phone to get another person's information, this not only violates the rights of the phone owners phone privacy, but the privacy of the person who's information is being taken. Any type of search should require a warrant, whether limited or thorough. Since anyone can search without a warrant, police or not, a warrant should always be mandatory so the police's status is protected. I agree that urgency is a factor, but not enough of a factor to violate the rights given in the 4th amendment.

4/12/2012
Irving, TX
Jocelyn P
Bradley/Nimitz
Although I do feel like the police should not have be able to search your cellphone without a warrant because it is a violation of the 4th amendment, I believe that in this case they did the correct thing. They man they arrested was not some normal person walking down the street, he was a drug dealer that makes a negative influence in our society, and going through his phone was only used to be able to catch the people that were involved in dealing drugs. I do agree with the Judges ruling because this was a case of urgency.

4/11/2012
Irving/Texas
Mayra
Bradley/Nimitz
I do not think the police has the right to search through your phone without a warrant. That obviously violates the 4th Amendment. Everyone has a right to their privacy, and the police can not use the excuse of an urgency to go through their phone. I do not agree with the judge saying if it is an urgency go for it, that is not fair, and it is against the person's rights.

4/10/2012
Irving, Texas
Kevin S.
Bradley/Nimitz
Is it a violation of a person's privacy? Yes. Will the police stop doing it? No. Our government has the power to access anything in our phones without us even knowing they did anything. There is nothing, except maybe the morals they hold, stopping them from knowing what we are up to. The police do not have the right to search our phones, but just because they don't, doesn't mean they won't get the information they need.

4/10/2012
Irving/TX
Cathy
Bradley/Nimitz
The police do have the right to search phones without a warrant. I know that it violates the 4th amendment, but people need to understand that even so, it is more beneficial than it is harmful. The only people claiming that it violates their 4th amendment are the people getting in trouble and being searched. Before that, I wonder if they even cared for the 4th amendment or even knew what it was without a lawyer telling them?The police are just trying to do their job. Why would we not search through a phone if we know that for a fact, it can lead us to more criminals or more people involved? “Killing two birds with one stone,” that's what we're preventing. That just makes no sense to me whatsoever. I know the whole thing with this country is to protect the people's rights, but sometimes I feel as though we take advantage of it. It doesn't matter whether the search was limited or thorough. What would be considered limited? Reading the first few words of a text? What would be considered thorough? Reading one whole text? If we go through with the whole “limited or thorough” idea, we'd have to make even more laws to what is limited and what is thorough. To avoid all this, police really should be able to search a phone without a warrant. A person not hiding anything from the police wouldn't mind it if the police went through their phone anyways. I fully agree with the judge's reasoning, but not because urgency was a factor, but because that was the best way that the police could've handled it.

4/5/2012
irving/texas
Amy
bradley/nimitz
I believe that giving police the right to look through a phone without a warrant is a violation of the fourth amendment. It is an invasion of someone’s privacy regardless of the situation. In this case the person was a criminal but imagine if they use “urgency” as an excuse to look through someone’s phone that is completely innocent and use something they find to hurt them. Everybody is entitled to their rights therefore the authorities shouldn’t be able to take them away from us just because it is more convenient for them.

4/4/2012
Benson
Edythe
Mr.Sorensen
No police shouldn't be able to search cellphones with a warrant. Even though its a personal subject, if the police have a complaint on someone who has an issue with someone they should be able to do whatever they can without getting permission about it. For example an older man tries to encourage a minor into giving him the goods and the minor reports this issue the police should be able to check the cellphone of the older man and the minor to see if any illegal actions occurred. If their checking it just for the heck of it then yes they should have a warrant and a illegal reason to be able to go through it but they should mind their own business if they cant find a reason to do so.

4/3/2012
Benson
Chace
Mr. Sorensen
'm not sure what to say. On one hand I say, who cares its just a cell phone ( I probably feel that way because I have never had one and don't understand the fixation with the little bundles of technology) While on the other hand I feel that all kinds of personal information is there and it is a moderate invasion of your privacy. I can't rightfully say one way or the other.

4/3/2012
Benson, az
Jeremy
Sorensen/Benson HS
I believe that police should not be able to go through someones cell phone without a warrant unless the police officer suspects the person of texting or talking on the phone while driving. if the person says the have not been texting or calling while driving, the officer should be allowed to look at the last text message and the last phone call on the persons cell phone. If the time on the call or text is within the last 1-2 minutes, the person should be charged for using a cell phone while driving. Other than that, police officers should not be able to go through a persons cell phone without a warrant.

4/2/2012
Benson/AZ
Victoria
Mr. Sorenson/BHS
Apparently so... the police do have permission to search without a warrant. I dont think its right to do so seeing as how the contacts,messages, and photos on YOUR cellphone are all personal its not really meant for other people to see unless you would like to share it. I suppose if the police have probable cause to believe your involved with a situation more serious then there is no need for a search warrant. I dont agree that it was urgent because even if they were to delete images or contacts or even messages those things can still be accessed through their records and in that case you should need a Warrant to search through someones cell.

4/2/2012
benson az
colton
sorenson
in some cases police should be able to search a persons phone if there is reasonable cause or if there is a present danger or time is of the essence. but on a simple arrests or investigations phones should be protected uner the fourth amendment.

4/2/2012
Benson, AZ
Ryan
Mr. Sorenson /Benson High School
no police should not be able to search through a persons cell phone without permission or a warrant because it is a violation of privacy.

4/2/2012
Irving
Itzel
Bradley/Celery
The main issue consulting whether or not police have the right to search phones without a warrant is obviously concerning individual privacy. I believe that depending on how serious the search is that should determine whether or not they have the right to search ones phone. For example, if the police has a suspect due to dealing drugs, committing suicide, sending and sexting pictures of other people; those issues should not have to have a warrant. Serious issues like that should be taken into consideration rapidly and should be taken to any extreme to find a solution. That resulting, on police having to check peoples phone under their will if needed.

4/2/2012
Irving/Tx
Randie
Bradley/ Nimitz
I personally do not believe that police have a right to search your phone without a warrant. I feel like it is personally violating the Fourth Amendment, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” I feel like the police should need a warrant before they go snooping in your phone first, even if it only is a “limited” search. I don't agree with the judge's decision, however I can completely understand where he is coming from when he says it was an urgency to look through the guy's phone.

3/30/2012
Benson Arizona
Evan D.
Sorenson
No. Police shouldnt be able to search cell phones and cell phone records unless they have a warrent and reasonable cause otherwise its a voilation of our right to privacy.

3/30/2012
Belleville, New York
Olivia
Miss Colby / Belleville Henderson Central School
I think that police have the right to search through a persons phone if they have been involved in a crime. Searching through someones phone gives police valuable information that sometimes you can't find anywheres else than that persons phone.

3/30/2012
N.Y.
Jacob
Ms.Colby/Belleville-Henderson
Police should not have the right to search phones without a warrant. With a warrant, police/law enforcement now have some form of "checks and balance" system to prevent corruption and abuse of power.

3/30/2012
Watertown/New York
kellen
Mrs. colby
I say that the police should get warrents to search people's phone because it is the person's personal beloning and it has all their private phone calls, emails, and txt measages on it. People should feel safe in their persons, houses, and with their belongins, this is said in the 4th Amendment of the U.S. constitution and in my opinion searching someones phone without a warrent or their consent. Then it is a violation of the U.S. Constitution

3/30/2012
Belleville NY
Shelby
Miss Colby Belleville Henderson
Police do have the right to search through someone's phone. The only time they should actually going through them if they're looking for someone or other people to bust for something. Like if they already caught someone for a drug bust, and they're looking for the other person or persons, then they should look through the phone to find them.

3/30/2012
Belleville NY
Adam
Miss Colby Belleville Henderson Central School
I dont think that the police should be able to search your phone without a warrent. i think it should require a warrrent because the records will still be there if they wait for the warrent. no its not.

3/29/2012
Porterville/CA
Conn
Monache
No smurfing way!

3/29/2012
Porterville/Ca
jazz
Monache
I do believe that, in all fairness, although as vulgar as it may seem through the minds and opinions of all the voices present throughout this country, that there should be--as it may seem to some degree unconstitutional to various individuals--some form of unalienable right which grant us the possibility and the freedom to understand and make those which inhibit our access to such mentioned freedoms and rights debatable to be denied those rights which make most, if not all, humane.

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