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View Diary: Supreme Court: Police cell phone searches require warrants (143 comments)

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  •  What? I'm not sure what you mean… nt (2+ / 0-)
    Recommended by:
    Cadillac64, lorell
    •  "Cop Intuition" (2+ / 0-)
      Recommended by:
      Cadillac64, lorell

      A cop saw evidence that a suspect is lying, but it was illegally obtained. The cop acts on the knowledge, and gets more evidence. When challenged in court, the cop says he knew the suspect was lying by the tone of his voice and used that to discover more evidence.

      How do you prove the cop used the evidence, not the tone of voice?

      "When the going gets weird, the weird turn pro." - HST

      by DocGonzo on Wed Jun 25, 2014 at 10:32:18 AM PDT

      [ Parent ]

      •  In that case, the cop's intuition or belief (2+ / 0-)
        Recommended by:
        Cadillac64, lorell

        that the suspect was lying would have to, by itself, generate sufficient probable cause for the evidence discovered as a result to come in.  That's not going to happen—a cop's belief or hunch  that someone is lying (without any actual corroborating evidence) doesn't generate PC.  

        •  But It Does Generate Leads (2+ / 0-)
          Recommended by:
          Cadillac64, lorell

          The cop asks the suspect "who helped you move the body?"

          The suspect says nothing and denies everything.

          But the cop has searched their phone, and sees 10 calls right after the murder between the suspect and their ex girlfriend he hadn't seen in a year. The cop finds the ex girlfriend at her office and tells her the suspect has denied he did it but that she did it. She tells the cop she just drove the car to the woods, and shows him the body.

          In court the cop says he just asked the suspect about each of a dozen people who the cop randomly thought of asking, and the suspect was obviously lying when he asked about the ex girlfriend.

          The suspect denies it, but the cop's word is believed.

          There are a million variations. If the cops can search a phone, even if it's not permissible evidence, they can get leads to probable cause that shouldn't be allowed.

          "When the going gets weird, the weird turn pro." - HST

          by DocGonzo on Wed Jun 25, 2014 at 12:16:21 PM PDT

          [ Parent ]

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