Sell paper treated differently than smartphones automobile searches @China (Mainland)

In January, the California Supreme Court ruled in California v. Diaz, a police officer does not need a warrant to read text messages on a cell phone during an incident took search for his arrest. A Court of Appeal in September (see review) found a Blackberry in a car was just a "container" examined without a warrant. The Golden State lawmakers backed the precedent is set and moved quickly to introduce legislation requiring police to obtain judicial approval before searching for a phone. The state Senate approved the measure in June by a vote of 28-9 and the state Assembly unanimously approved in August. Governor Jerry Brown (D), however, used its veto power last month to prevent the bill becomes law.

"I am returning SB 914 without my signature," Brown wrote in his message to the Senate. "The courts are best suited to solve complex problems and specific cases involving the Constitution of search and seizure protection."

Nationally, the courts did not agree on how these cases should be handled. On Tuesday, the New York Supreme Court, Appellate Division ruled that the police had no right to read a driver's paper notebook during a search. The case began when a police officer in Suffolk County for driving Cristobal Perez stopped talking on her cell phone and weaving in its lane. Perez had been operating with a suspended license, so his car was impounded. The police did not wait to ask a judge for a warrant before reading the documents found in the vehicle. The state's second highest court saw no reason why law enforcement could not wait for a judge.

Post by shanshan Du    Office & School Supplies    @2011-11-22 10:26:48