most honorable judges want to see some probable cause before they issue a warrant. And if all the cop has is a suspicion because he sees you walking out of hotel, that's not much in the way of cause.
And, of course, in the meantime you can be erasing your phone records. (Note: If caught doing so, that is destruction of evidence and a serious felony.)
And most of all: LE doesn't have the time or inclination to go through the rigmarole for a simple misdemeanor rap when they could be shaking down other guys who like to cooperate.
The more resistance you can offer, the more likely you are to be toss back, in other words.
(still not a lawyer)
A unanimous Supreme Court ruled Wednesday that police must obtain a warrant to search the vast amount of information on a suspect's cellphone, broadly protecting Americans' privacy rights in the digital age.
most honorable judges want to see some probable cause before they issue a warrant. And if all the cop has is a suspicion because he sees you walking out of hotel, that's not much in the way of cause.
And, of course, in the meantime you can be erasing your phone records. (Note: If caught doing so, that is destruction of evidence and a serious felony.)
And most of all: LE doesn't have the time or inclination to go through the rigmarole for a simple misdemeanor rap when they could be shaking down other guys who like to cooperate.
The more resistance you can offer, the more likely you are to be toss back, in other words.
(still not a lawyer)
I figured the scenario would be that you have been arrested because either you showed up at an escort or some information tied you to the escort. If you showed up, the police tell the judge that the procedure usually involves phone texts and/or calls. Warrant issues to search your phone texts, calls, and contacts for ties to that escort. Come to think of it, that is much narrower than just letting them search your entire phone. So I guess I was wrong, this is a significant help in that it might limit your exposure
But generally, one can not be arrested for a misdemeanor unless one is caught red-handed, or in this case in the room with the gal, envelope in hand. Possibly then they could get a warrant to search your phone, but what the hey, you're already busted, so what's the big deal?
If all he has to go on is that he sees you leaving a hotel room with a smile on your face, LE can later approach a judge or magistrate and ask to have a bench warrant sworn out for your arrest, but the judge will say: "On what evidence?" And the cop will say; "Well, your honor, I saw him leaving a hotel with a smile on his face." I don't think he's going to get that warrant.
I'm thinking this new ruling will take the pressure off of the client who is leaving the hotel and all the cop has to go by is the big smile on your face. So he says to you: "Hey, I know you just came from Flossie's room, right?" And you say: "I am not answering any questions. Am I free to go?" And he says: "Let's see your cell phone." Now you can say: "May I see your warrant as per the Supreme Court Decision handed down on 6/25/14?" Here where I hope he just tells you to get lost and don't let him ever see you here again. (Which is not a bad idea, come to think of it.)
(still not a you-know-what)
your property will be inventoried & secured. I think it is good that LE can't rummage through a phone without a warrant. Now, if LE thinks there's an agency, pimp or ?? then LE might ask for a warrant to go after that third party. Be careful what you say! There would be a delay in getting a warrant & when released, you should be able to get your property back. Will it work? I hope so. But it would be very wise to have your devise encrypted & password protected.
I only have a dumb hobby phone with me & at most, the most recent call... which I erase before I leave her...
without a whole lot of effort. If the person is arrested, the phone will be confiscated as being a "search incident to arrest," then the cop will shoot an Affidavit in Support of a Warrant over to the duty judge, who will give it a perfunctory one over, making sure the i's are dotted and t's are crossed properly and rubber stamp it. Hell, when I goggled this, the second thing that came up was a sample affidavit for them to use. This ruling will not change much, if at all, just makes it a little more burdensome for LE.