Agnostic.com

11 2

Should law enforcement be allowed to access cell phone records?

When an individual gives information to a third party, it's currently obtainable by law enforcement.

(calls received, email & text addresses, location tracking, web searches)

When law enforcement doesn't have enough evidence for a warrant, they sometimes resort to looking to technology. Now Justices may decide to limit access of law enforcement in terms of cellphone data.

Do you think third-party data should be off-limits to law enforcement without a warrant?

  • 38 votes
  • 4 votes
  • 3 votes
silvereyes 8 Dec 1
Share

Enjoy being online again!

Welcome to the community of good people who base their values on evidence and appreciate civil discourse - the social network you will enjoy.

Create your free account

11 comments

Feel free to reply to any comment by clicking the "Reply" button.

0

As a lawyer, it's a no-brainer, both the normative (should) question, and the positive (way it is) question: The 4th amendment requires probable cause, which means warrant - this privacy right is foundational to our free society and critical to maintaining it.

2

I have friends in law inforcment that have told me the difficulty in obtaining a warrant. If i had a family member in danger I would not want the possibility of a tragedy due to this . All these comments are evidently from people who have never actually experienced a scenario such as this

Nor, thanks to these rules, have we yet to live in a police state. I'll accept an occasional death in the course of a criminal act as the lesser of two evils.

3

Judge written order.

2

The Fifth Amendment to the US Constitution protects accused from self-incrimination. I say cell phone data should be included.

0

It is called the "rule of law." The 18th century, "Age of Enlightenment," Constitution we rely on to guide us through these legal tangles is totally unfit to help us in the 21st Century. Only by using tortured interpretations of the existing language can courts make decisions about these things. It is time to write a new Constitution based on secular humanist and democratic socialist ideals and principles.

1

Every second counts in an emergency .This can be a life and death situation .If someone kidnaped your daughter would you want them to wait and delay their investigation to get a warrant to check the suspects cell phone records .

Yes! I don't have a daughter but I do have me. Simply rounding up suspects based on nothing but suspicion and then rooting through their personal information determining which, if any, of the suspects is guilty without court oversight violates the assumption of innocence until proven guilty, Innocent people rotting in jail is the definition of a police state and presumes guilt until proven innocent. That is a dystopia in which I do not want to live!

2

Cell phone records should be available to law enforcement. However, if law enforcement uses it for any purpose than investigation of a known or suspected crime. But, any other use of cell phone records by law enforcerment should be a serious felony for the officers perpetrating that offense.

2

Need a warrant.
LEO's/prosecutors should have probable cause enough to obtain a warrant from a judge so they can collect data.

2

Always a warrant requiring probable cause. They can't go through printed correspondence without a warrant, and I fail to see how private digital formats change that requirement.

2

Get a warrant first!

1

I think it's a crucial step in catching some criminals, but I don't want it used to take someone down that is normally a good citizen.

Write Comment
You can include a link to this post in your posts and comments by including the text q:6076
Agnostic does not evaluate or guarantee the accuracy of any content. Read full disclaimer.