Thursday, June 26, 2014

Supreme Court niggardly carves out some remaining space in the Cell Phone State for the Fourth

The US Supremes this week, made an extraordinary decision, given their recent ability to splinter the foundation of the nation's bill of rights ...and its 14th Amendment backbone in recent days.

They decided to require that local police obtain search warrants before they search one's cell phone even AFTER one's arrest.  Now, that's a real stunner on a number of levels...

Perhaps, it was the fact that the First African American president of the United States had argued in favor of the police point of view who traced their case precedent back to through many years of "search incident to arrest" cases that clearly had held such "searches" were in fact, extremely legal and well founded.  

All the more surprising, was the fact they held the Fourth Amendment, {remember that thing?}    isn't such a dead letter, ancient of days, out dated anachronism of the late 18th century after all.  Indeed, the Supremes dug deep into their large 50 gallon plastic bag of disposal of former constitutional rights and amendments, and decided to pull the Fourth's warrant requirement out from the bottom, bleach it and spray it with some Clorox and give it a nice new frame and call it, "there, we have preserved our democracy after all"...

by making sure, the police don't get to use their "obstruction of justice" false arrest habits to rifle thru your photos, and emails and assorted and odd facebook and twitter posts at least, not in front of you, while you are being booked down at the station.

{its still ok with the Supremes if the NSA gets to do this and the local police can do it, PRIOR to your arrest using a wide array of various surveillance technologies available to them, as mini me's of the NSA piggy backing approach to obtaining everything one ever wanted to know about you but otherwise were afraid to arrest you for just because...

However, this decision is clearly a slap in the first African American President's face;  just imagine...a group of largely conservative white folks having to teach the once part time constitutional scholar's lawyers that the Fourth Amendment isn't as dead as southern slavery ....but rather the local police ought to get a warrant before they search their local black teenagers cell phones...

now, that's what I call true ingratitude!   ...we have a modern liberal AA president and he wants all cell phones to be able to searched willy nilly by the local police...without a warrant...

and these white folks are NOT going along with him?   we live in some very interesting times my friends...

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