Monday, June 18, 2018

Scalia has become Mr. Anti-Search

Justice Antonin Scalia, the Supreme Court's new champion of the Fourth Amendment, is likely to play a crucial role today when the court hears this year's most important search case: whether the police may routinely examine the digital contents of a cellphone confiscated during an arrest.

Under current law, officers may search a person under arrest, checking pockets and looking through a wallet or purse. The question is whether a smartphone carried by the person is also fair game.

"It's all of your personal information," said Norman Reimer, executive director of the National Association of Criminal Defense Lawyers, which opposes giving police such powers. "It's an incredible exposure of your privacy."

In the past, defense lawyers did not look first to the conservative Scalia as an ally. But in recent years, he has insisted on forbidding the kinds of "unreasonable searches" that he says would have troubled the framers of the Constitution.

Last week, he slammed the high court's majority for serving up a "freedom-destroying cocktail" in an opinion that gave police a free hand to stop cars on the highway based solely on an anonymous tip. Last year, he fired off a fierce dissent when the court ruled that police may routinely take DNA swabs from people who are arrested.

He wrote the decision that accompanied a 5-4 ruling last year banning police from using drug dogs to sniff at the front of a house and a 2012 ruling barring police from attaching a GPS tracking device to a car.

With an eye toward Scalia, lawyers in the cellphone case have carefully quoted the Fourth Amendment, which protects the "right of the people to be secure in their persons, houses, papers and effects." In the 21st century, they say, many people store their "papers and effects" on a mobile device.

"Private information used to be kept at home on paper, including your photos," said Elizabeth Wydra, counsel for the Constitutional Accountability Center. "Now they're in your pocket on a phone. With a smartphone, you can literally look into a person's home."

She noted that her phone features an app that allows her to monitor video of her home so she can keep an eye on her dogs.

Comments
Democrat Nikki Fried officially launches campaign for Agriculture Commissioner

Democrat Nikki Fried officially launches campaign for Agriculture Commissioner

While it was no secret Fort Lauderdale-based lawyer Nikki Fried was going to run as a Democrat for Commissioner of Agriculture, she officially launched her campaign Monday morning with a video announcement.Fried filed her campaign paperwork...
Updated: 5 minutes ago

One school board candidate changes parties, another changes races

Updating Sunday's report on the Hillsborough County School Board races:Scott Hottenstein, one of six candidates for the at-large seat that will be vacated by April Griffin, informs us that he is now a Democrat.After years as a Republican, Hottenstein...
Updated: 16 minutes ago

Updated: 22 minutes ago

Captain’s Corner: Tips on targeting American Red Snapper

American Red Snapper (ARS) season opened a few days ago and some types of bottom are holding bigger schools of ARS then other bottom types. The hard bottom areas that most fishermen prefer are holding large schools of ARS, but the fish have yet to m...
Updated: 22 minutes ago
Mazzaro’s market set to reopen Tuesday after blaze damaged one of its warehouses

Mazzaro’s market set to reopen Tuesday after blaze damaged one of its warehouses

ST. PETERSBURG — Mazzaro’s Italian Market is scheduled to reopen Tuesday after an electrical fire broke out its dry goods warehouse Friday night.Dominic Horwath, a grocery manager at Mazzaro’s on 22nd Avenue N said staff spent Monday and the weekend...
Updated: 24 minutes ago
SoundBytes: Mat Kearney, Gladys Knight, Big Boi, Ski Mask the Slump God and more

SoundBytes: Mat Kearney, Gladys Knight, Big Boi, Ski Mask the Slump God and more

— Singer-songwriter Mat Kearney is returning to the Ritz Ybor on Sept. 27, with Atlas Genius opening. Tickets start at $26.50. Click here for details.— Also coming to the Ritz Ybor in September: South Florida rapper (and a new member of X...
Updated: 27 minutes ago
Smokable medical pot on hold after appeals court sides with Florida

Smokable medical pot on hold after appeals court sides with Florida

In a widely expected move, an appellate court Monday refused to lift a stay on a Tallahassee judge's ruling that would allow patients to smoke medical marijuana if their doctors approve it.The 1st District Court of Appeal's decision means that patien...
Updated: 27 minutes ago
For starters: Rays at Astros, trying to stop a streaking champion

For starters: Rays at Astros, trying to stop a streaking champion

After winning Sunday to avoid a four-game sweep by the hot Yankees in New York, the Rays face arguably a tougher challenge tonight when they face a sizzling Astros team that just completed a 10-0 roadtrip and has won 11 straight overall.The Rays are ...
Updated: 1 hour ago
Land O’ Lakes dance studio serves students and community

Land O’ Lakes dance studio serves students and community

LAND O’ LAKES — Lilly Jayska once cried and cowered at the notion of dancing on stage. Now, after four years of classes at Nicole’s Dance Center in Land O’ Lakes, the 10-year-old wants to dance solos. When asked to name her favorite type of dance, he...
Updated: 1 hour ago
Former Hernando County official Diane Rowden joins race for School Board

Former Hernando County official Diane Rowden joins race for School Board

Longtime Hernando County resident and former official Diane Rowden threw her hat in the ring for the District 3 seat of the School Board Monday."I just feel like my job is not over with," Rowden, 68, told the Tampa Bay Times ...
Updated: 1 hour ago