Court Holds that Cell Phones can be Searched After Arrest.

by Patrick Lopez 6. January 2011 12:15

 

Photo by caitra_

 

The California Supreme Court just held that a cell phone is personal property that can be searched after arrest.  Specifically the court was asked to “decide whether the Fourth Amendment to the United States Constitution permits law enforcement officers, approximately 90 minutes after lawfully arresting a suspect and transporting him to a detention facility, to conduct a warrantless search of the text message folder of a cell phone they take from his person after the arrest.” The court held that the search of the cell phone text message folder was a valid search conducted incident to a lawful custodial arrest.  With the proliferation of smart phones, it seems that this ruling potentially opens people up to having their e-mail accounts available for search without a warrant. 

Here's the law.com article and it also has a link to the opinion: http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202476909376
 

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SB 1070: In the News and in Your Library

by Patrick Lopez 3. November 2010 10:28

 

Oral arguments were heard earlier this week by the Ninth Circuit Court of Appeals on the stay placed upon Arizona's controversial Immigration law SB 1070. Arizona's governor, Jan Brewer, took time away from campaigning on the eve of election day to attend the court proceedings.

The parties in this case are U.S. government and the State of Arizona. The case first appeared before the Federal District Court for the State of Arizona where a partial stay was granted on some of the most controversial portions of the law. The State of Arizona appealed this stay which brought the case to the Ninth Circuit court. The U.S. government argued that SB 1070 was pre-empted by federal statutes. The State of Arizona argued that the provisions in question were consistent with congressional objectives, and not pre-empted by federal law.

  View a full video of the oral arguments here.

We also invite members of the Phoenixlaw community to stop by our latest library display focusing on SB 1070 and surrounding immigration issues.  The display features the briefs filed in this case, a full transcript of the proceedings, books and magazine articles dealing with immigration law, and immigration law treatises selected from the library’s collection.   We also included a few position statements from organizations representing differing views on the matter.  Stop by and become informed about this controversial issue that has brought national attention to Arizona. Several states appear poised to enact similar laws of their own and are closely following this case.

Banned Books Week 2010

by Patrick Lopez 30. September 2010 09:14

The week of September 25th through October 2nd 2010 is banned books week.  Banned books week was first celebrated in 1982 in response to an increasing number of books being challenged in schools, bookstores and libraries.  Banned Books Week is sponsored by the American Library Association, the American Booksellers Foundation for Free Expression, the Association of American Publishers, the American Society of Journalists and Authors, and the National Association of College Stores. Banned Books Week is also endorsed by the Center for the Book of the Library of Congress.

According to www.bannedbooks.org, the 10 most challenged books of 2009 were: 
    
ttyl; ttfn; l8r, g8r (series), by Lauren Myracle
   Reasons: nudity, sexually explicit, offensive language, drugs,
   and unsuited to age group

And Tango Makes Three, by Peter Parnell and Justin Richardson
    Reasons: homosexuality

The Perks of Being a Wallflower, by Stephen Chbosky
   Reasons: drugs, homosexuality, nudity, offensive language, sexually
   explicit, suicide, and unsuited to age group

To Kill a Mockingbird, by Harper Lee
    Reasons: racism, offensive language, unsuited to age group
  
Twilight (series), by Stephanie Meyer
 Reasons: sexually explicit, religious viewpoint, unsuited to age group

Catcher in the Rye, by J.D. Salinger
   Reasons: sexaully explicit, religious viewpoint, unsuited to age group
                     
My Sister's Keeper, by Jodi Picoult
   Reasons: sexism, homosexuality, sexually explicit, offensive language, unsuited to age group, drugs, suicide, violence

The Earth, My Butt, and Other Big, Round Things, by Carolyn  Mackler
   Reasons: sexually explicit, offensive language, unsuited to age group

The Color Purple, by Alice Walker
   Reasons: sexually explicit, offensive language, unsuited to age group

The Chocolate War, by Robert Cormier
   Reasons: nudity, sexually explicit, offensive language, unsuited to age group

The Phoenix School of Law Library is supporting Banned Books week by presenting a special Banned Books Display (see pictures below) featuring a selection of Books that have recently been challenged or banned.  The display features several of the titles above plus many others with brief explanations of where and when these books were challenged.  Join the celebration of our freedom to read by visiting our display, or finding out about banned books activities at other libraries and bookstores.  To find out more about Banned Books Week go to www.bannedbooks.org,

 

 

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