EFF Urges Court To Protect Privacy of Text Messages

netbuzz writes "The police in Washington state arrested a suspected drug dealer, rummaged through the text messages on his phone, responded to one message while pretending to be the suspect, arranged a meeting, and then arrested the recipient of the text — all without a warrant. The state argues – and an appeals court majority agreed – that both suspects had neither a legal expectation of privacy nor Fourth Amendment protection because both considerations evaporate the moment that any text message arrives on any phone. The Electronic Frontier Foundation is urging the state's Supreme Court to overturn that decision and recognize that 'text messages are the 21st Century phone call.'"

Re:identity theft.. inciting to crime.. unauthoriz

[AK Marc]

Better than the drug raids on people who own cars or houses the police want. Raid and take it all. It's not as uncommon as it should be, there was one in CA where the guy had a gun he grabbed during the home invasion. The police ordered his "hands up" Another ordered him to "put the gun down" While moving his hand from above his head to the ground to comply with both orders, he was killed. No drugs were found. I think that was yet another the police claimed was a "mistake". http://www.druglibrary.org/think/~jnr/botched.htm [druglibrary.org] for another. Hundreds of examples out there.

Re:Logic

[c0lo]

If you've arrested them under suspicion of a felony and are conducting a search of their person then yes. Otherwise no.

Innocent until proven guilty?
Is there any constitutional difference on the level of guilt of a policeman/judge and a suspect under investigation?
The fact that one is a suspect, does it make the one automatically lose some or all their constitutional rights?

You really want me to start "suspecting" you?

Re:Text Message = Instant Snail Mail?

[yndrd1984]

Not entirely unreasonable.

You're conflating the "reasonableness" requirement with the requirement for a warrant: When you get arrested it's reasonable to search you, and it doesn't require a warrant. When that search reveals a bag of cocaine it's reasonable to search your house, but the police still have to get a warrant.

The defense in this case is making an analogy between a cell phone and house keys - you can search for and confiscate them from a person as part of an arrest without a warrant, but you have to get a warrant to use them to collect further evidence.