http://americaswatchtower.com/2015/05/06/police-union-sues-after-officers-had-their-cellphones-searched-without-a-warrant/


Police union sues after officers had their cellphones searched without a warrant
May 6, 2015
tags: cellphone searches, constitution, fourth amendment, warrantless searches

Chalk this one up in the deliciously ironic category: a police union is suing the Port Authority of New York and New Jersey after several officers, during a criminal investigation, had their cellphones searched without a warrant. Here is more:

A union representing Port Authority of New York and New Jersey police officers has sued the agency, citing what it calls “widespread, ongoing and unconstitutional searches” of their private cellphones.

The lawsuit was filed Wednesday in Manhattan federal court. It comes after a criminal investigation into a rowdy graduation party by out-of-uniform and off-duty rookie officers at a Hoboken, New Jersey, bar last summer. The investigation led to the firings of nine officers.

The lawsuit by the Port Authority Police Benevolent Association says Port Authority investigators intimidated officers into giving up their cellphones. It seeks unspecified damages.

This is quite ironic because when the issue went before the Supreme Court police agencies argued that searching cellphones without a warrant should be allowed:

Police agencies argued that searching through data on cellphones was no different from asking someone to turn out his pockets

The Supreme Court, in a unanimous decision, correctly ruled that warrantless cellphone searches were unconstitutional so it would appear on the surface that these officers have a legitimate case and if their fourth amendment right was violated I will stand with them.

However it is interesting to note that it appears as if the police feel there should be one rule for the people and another rule for them judging by these two cases. How quickly they changed their tune because of who the victims were in this case. All I ask for is equal protection under the law, maybe this will show them the error of their ways…

Malo periculosam libertatem quam quietum servitium

right its all fine and dandy and perfectly legal when they do it to other people. but when its done to them all of a sudden its unconstitutional. what a bunch of panzees.

Your cellphone search problem is simple. ALWAYS use a password for your cellphone. If a cop says I want to see your phone tell him it has a password, and that is a lock.

Want me to open the lock? Same as unlocking the front door to my house. Get a warrant. No? Ok then officer, have a nice day.

true, good point. i dont use smart phones anymore but when i did it always had a lock on it. i never understood people who didnt put a lock on their smartphones, esp. people who keep sensitive info on their phones. (banking information etc.)