The recent 2014 U.S. Supreme Court Fourth Amendment Cellphone Ruling that pertains to cellphone searches should help everyone to sleep a whole lot easier including those that are visiting the United States for purposes of tourism and who don’t want their private lives delved into by an overzealous police officer that might be trying to make a name for his or herself by making an innocent piece of data out to be more than what it actually is.
For example, let’s say a man has a ten year old son or daughter that’s just learning all of the features of his or her cellphone and sends the father a picture of themselves while they’re in their underwear and the police see this particular photo and haul the parent in for possessing child pornography since it was delivered to a cellphone and since the picture is stored in the gallery of the father’s cellphone for future viewing. The innocent parent whose data was taken and made to be more than what it actually is then has to hire an attorney to try to explain what the photo means and that nothing inappropriate has taken place. The children of the innocent parent are also traumatized by the entire ordeal since they are also questioned and feel as though they have done something wrong and that this is why their father in not in the home since he was arrested and might lose his job since he can’t report to work.
There are so many things that can go terribly wrong when someone unlawfully takes another person’s data and uses it for their own means, which is why the Supreme Court Justices got it right when they made the ruling ‘Unless it is an emergency get a warrant.’ The Founding Fathers knew the hearts of the men and women that existed in their time and that would come after them and they sought to protect the citizens of the nation that they forged through blood sweat and tears.
The Fourth Amendment remains in tack due to the courageous Justices that had the foresight to see the dangerous road that we were heading down, and I and others are extremely grateful for their clear headed decision that resembles the clear thinking of the Founding Fathers and that allows us citizens and visitors to the United States of America to know that we are still living in a free country since our cellphones that contain private emails that are exchanged between us and our doctors and our attorneys and our business associates and our children and our business partners and our family and friends cannot be subjected to unreasonable search and seizure, and if they are, then the guilty party should experience the full weight of the law due to the ruling of the U.S. Supreme Court.
If a police officer claims that it is an emergency then he or she must be able to explain or to prove why it is an emergency meaning that someone’s life, liberty, and/or freedom must be at stake since a person that is suffering from stage 4 ovarian cancer or from prostate cancer or from male or female breast cancer or that is suffering from any other type of medical condition deserves privacy and should not have their cellphones delved into simply because an inquisitive individual wants to examine the various dimensions of their life, which could indeed reveal their status as a pre-op or post-op transsexual since the cellphone could quite possibly contain email exchanges between the owner and their surgeon.
In many cases we are carrying around our entire family’s history in our cellphones as it relates to our genetics and to our family tree, and we are also carrying around unpublished news articles that are not to be read by the police since they often involve wrong doing by law enforcement officers, which is why I as a journalist am indeed proud of the Supreme Court Justices’ sober ruling that clearly states that our cellphones are off limits.