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Cars are an interesting area because I immediately thought of our digital presence as an even more modern area of struggle for an expansive interpretation of our rights. If cars are an area of contention, in a sense, as a portable piece of our homes and persons, then our data and digital presence should similarly be considered our persons, "papers and effects" under the fourth amendment.


I don’t if I’d want to go in that direction because “behavior” can lead to probable cause... so probable cause to look at your phone too?


If the fourth amendment doesn't apply to your phone, then your phone can be looked at anytime by authorities with no need to cite probable cause, nor a warrant. Or am I missing something?


I don't think digital technology needs to apply here at all. Before there were phones, were authorities able to stop you and look through your personal papers or briefcase or other personal effects you were carrying, without probably cause or a warrant? I don't think. A phone isn't any different, it's just a lot smaller than a briefcase.


Good question. Hopefully someone is familiar with this scenario and could provide opinion on it.




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