this post was submitted on 09 Nov 2024
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No. Even if a house is unlocked, the fourth amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures".
What constitutes "unreasonable", is of course, up to a judge.
If a cop can look in your window from the porch and see a meth lab, yeah, they're going to come back with a warrant, mostly because they can't just pick up the house and take it to evidence. If your phone is lying unlocked, and they see something obviously criminal on the screen, they're going to take it right then and there.
That's what I meant. Phones should be treated similarly to houses.
Seems like he's saying they are. If they see something criminal on the phone then it's not an unreasonable seizure.