President Obama wants the Supreme Court to revoke the Fourth Amendment.
In a petition for a writ of certiorari filed last week by lawyers for the United States in the case of U.S. v. Wurie, the Obama administration asserted that cellphone records can be searched without a warrant, despite the protections against such government intrusion provided by the Fourth Amendment.
The Washington Post published a brief background on the case:
In 2007, the police arrested a Massachusetts man who appeared to be selling crack cocaine from his car. The cops seized his cellphone and noticed that it was receiving calls from “My House.” They opened the phone to determine the number for “My House.” That led them to the man’s home, where the police found drugs, cash and guns.
The defendant was convicted, but on appeal he argued that accessing the information on his cellphone without a warrant violated his Fourth Amendment rights. Earlier this year, the First Circuit Court of Appeals accepted the man’s argument, ruling that the police should have gotten a warrant before accessing any information on the man’s phone.
The Appeals Court ruling doesn’t sit well with a president who considers the Constitution irrelevant and who is accustomed to the court’s collusion in the federal government’s continuing effort to revoke all civil liberties.
Of specific interest in the Wurie case is the government’s claim that a cellphone is no different than any other items a suspect might be carrying that are subject to search by law enforcement, “including notebooks, calendars, and pagers,” the Post points out.
One of these things is not like the others, however. Today, a cellphone is as much a personal computer as a telephone and most people carry things inside their smart phones that have not been placed within the scope of acceptable searches: “our e-mails, text messages, photographs, browser histories and more,” the Washington Post explains.
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