“In this case, police seized a cell phone during a drug investigation and monitored incoming messages. Officers responded to several texts, setting up meetings that resulted in two arrests, without first getting a warrant. Prosecutors have argued that no warrant was required because there should be no expectation of privacy in text messages, as anyone can pick up someone else’s phone and read what’s stored there. But in two related amicus briefs filed Monday, EFF argues that searching the phone for the texts without a warrant clearly violates the Constitution.”
http://libertycrier.com/u-s-constitution/can-police-read-text-messages-without-a-warrant/
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