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excon · Jan 3, 2009, 08:02 AM

Hello:

Do the cops need a search warrant to listen to CELL PHONES?

excon

J_9 · Jan 3, 2009, 08:04 AM

Good question!!

Are you meaning the calls themselves, the voice mails, or even checking out the texts?

excon · Jan 3, 2009, 08:08 AM

Hello J:

The calls themselves... Listening to the voicemails, and/or retrieving the texts would take particular software that I'm certain would require a warrant to utilize. However, the calls themselves go out as radio signals that ANYBODY can pick up and listen to if they have a scanner.

I guess my question is, once you put your conversation out on the public airways, is it private anymore?

excon

J_9 · Jan 3, 2009, 08:12 AM

Wow, that's interesting, and I have wondered that because I can listen to my next door neighbor's cell conversations while sitting at my computer while on my portable phone... Oh the stories I could tell you!!

Curlyben · Jan 3, 2009, 08:41 AM

This would be classed as a wire tap and to be LEGAL must be duly authorised, with just cause, etc.

That being said this hasn't stopped the current government from doing just that, now has it?

excon · Jan 3, 2009, 09:50 AM

Originally Posted by Curlyben

This would be classed as a wire tap and to be LEGAL must be duly authorised, with just cause, etc.

Hello Ben:

From your lips to Obamas ear.

excon

twinkiedooter · Jan 3, 2009, 03:48 PM

I can pick up cordless phone conversations in my neighborhood on my scanner all day long. It's supposed to be protected under the Patriot's Act that I can listen to them and laugh. It's supposed to be my "duty" to monitor the conversations as well and report to my nosey police department anything that smacks of terrorist stuff. I don't bother. I just laugh at their antics like the druggie around the corner who keeps asking his friends to bring him dope or lend him money to buy dope or take him somewhere as he lost his license and car. He keeps calling them "flatliners" as they won't do what he wants them to. Aw, gee, maybe he should get a job and stop calling them.

artlady · Jan 3, 2009, 04:00 PM

With the advent of the *patriot act* I think they have carte blanche to do whatever they please. And if they did break some law or violate some amendment,they would create a new law or find a loop hole that covered it.
The adage stands true* You can't fight city hall*,or big brother.

twinkiedooter · Jan 3, 2009, 08:49 PM

Ok, Artlady, you have to read the following with plenty of "burn out inflection" added for full emphasis and see what entertainment I am treated to on a regular basis by my scanner.

Dude, don't be a flatliner, man. Come pick me up. I don't have money for a cab.

Other person: If you don't have money for a cab, how do you have money for beer?

Dude, you owe me 20 bucks.

Other person: So let me get this straight. You want a free ride to the store and for me to buy you beer as well? Dude, you're asking a bit much. I'm two hours away and am not picking you up anytime soon.

Well, dude, don't be a flatliner and come and pick me up. Come on man, just a quick ride to the store and 20 bucks and I'll be out of your life forever.

Guy hangs up on Dude. Hear a dial tone and a voice yelling over the dial tone:

Dude, your're a flatliner. A flatliner, man.

Click.

And you wonder why I keep my scanner on. Who needs TV comedy shows when I can listen to drunks puking all over cops shoes, to cops responding to calls where the person had baloney and mustard thrown all over the windshield of a car, to rice crispies and milk all over a car to which the responding officer said, snap, crackle, pop, anyone got some milk? to the rowdy gal yelling F*** all you all at the cops... after she had fired a BB gun all over her bf's house windows. The police in Columbus are hilarious late at night.

Scanners are very cheap entertainment. I highly recommend scanner ownership.

JudyKayTee · Jan 4, 2009, 08:44 AM

I'm out of greenies but, yes, scanners are fascinating listening. My "ex" was almost addicted. I'm out in the country so it was a lot of cows running up and down roads, cows in the roadway and refusing to move, Sheriffs afraid to get out of their cars because the cows had them surrounded, that type of stuff. And the volunteer firemen had very interesting conversations on occasion.

And I personally avoid people who use the word "dude."

I know the Patriot Act plays into things but the Federal Government has been listening to calls without court orders for years and years and years. From my knowledge if something of interest is picked up, then the Order is obtained and the legal tap is installed. No big news there.

jewood32 · Jan 19, 2009, 04:07 PM

U need a warrant!

JudyKayTee · Jan 19, 2009, 04:31 PM

Originally Posted by jewood32

u need a warrant!

Please don't use text speak on the legal boards. Would you post your source for this? I can't find it, no one else appears to have posted it.

Please post what you are referencing.

jewood32 · Jan 19, 2009, 08:21 PM

The Electronic Communications Privacy Act, 18 USC 2516) United States Code Title 18 Chapter 118 prohibits a wiretap unless an order is obtained by a Federal Officer. Also see the Supreme Court Opinion reference Bartnick versus Vopper.

JudyKayTee · Jan 20, 2009, 07:05 AM

Originally Posted by jewood32

The Electronic Communications Privacy Act, 18 USC 2516) United States Code Title 18 Chapter 118 prohibits a wiretap unless an order is obtained by a Federal Officer. Also see the Supreme Court Opinion reference Bartnick versus Vopper.

You interpret listening in on cell phone calls to be wiretaps? I thought the Protect America Act loosened up the various restrictions and cell phones are an exception.

Anyone familiar with Constitutional Law?