Texas Appeals Court Rules Phone Search After Arrest Violates 4th Amendment [pdf]

Re:Texas Appeals Court Rules Phone Search After Arrest Viola... by dmix on Wednesday February 26, 2014 @01:28PM (#7306611)

In Canada, if the phone has a password police need a search warrant to go through it.

Whats more alarming is he was a high school student who got arrested for a disturbance on a bus:

> One morning, Anthony Granville was arrested for the Class C offense of causing adisturbance on the school bus. His cell phone was taken from him during the bookingprocedure and placed in the jail property room.

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Re:Texas Appeals Court Rules Phone Search After Arrest Viola... by pavel_lishin on Wednesday February 26, 2014 @01:40PM (#7306674)

> Whats more alarming is he was a high school student who got arrested for a disturbance on a bus

That's a pretty vague term. We don't know what, exactly, his disturbance on a bus consisted of.

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Re:Texas Appeals Court Rules Phone Search After Arrest Viola... by Crito on Wednesday February 26, 2014 @02:00PM (#7306825)

Agreed, a "disturbance" on a moving vehicle has the potential to be rather serious. If it was hitting some other kid with a spitball then an arrest would be unreasonable, but something interfering with the driver would be much more serious.

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Re:Texas Appeals Court Rules Phone Search After Arrest Viola... by tptacek on Wednesday February 26, 2014 @04:47PM (#7308186)

The subsequent felony charge of "Improper Visual Photography" charge was more alarming; here's the statute, though:

http://codes.lp.findlaw.com/txstatutes/PE/5/21/21.15

This actually sounds like a sane law.

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Re:Texas Appeals Court Rules Phone Search After Arrest Viola... by dmix on Wednesday February 26, 2014 @05:26PM (#7308559)

Sounds alarming for sure, but agreed sounds worthy of criminal investigation.

It sounds like there was a dispute over a sexting picture of most likely a girl at the school. The police were called probably from yelling. Not fighting as there is no assault charge. They most certainly heard about the photo but didn't do anything about that at the time.

The issue I take is the fact he was put in a jail cell for the disturbance part. Which was the primary factor allowing the police freedom to do what would otherwise be considered violating his rights, during a typical police stop.

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