Court: Police need warrant to read text messages

[HiredGoon]

Court: Police need warrant to read text messages
Tuesday, June 09, 2009
The Associated Press

HARRISBURG -- An appeals court ruled yesterday that Pennsylvania's wiretapping law applies to text messages, throwing out evidence police had obtained by sending fake messages over a suspect's phone.

The three-judge Superior Court panel ruled that police needed a warrant under the Pennsylvania Wiretapping and Electronic Surveillance Act when reading phone messages from a suspect who did not realize his replies were being read by investigators trying to draw him in.

Judge Correale Stevens wrote that the General Assembly should revisit the wiretapping law, saying the case showed how its current provisions presented "a major impediment to legitimate, effective law enforcement. The Legislature did not envision such a result."

The case began in March 2007, when a state trooper stopped a speeding pickup truck with Arizona plates on Interstate 80 in Clearfield County. The occupants gave conflicting stories about their travel plans and consented to let the trooper search the truck.

Daryl Taylor, the driver, and Michael Amodeo, the passenger, were both arrested after police said they found 35 pounds of marijuana, methamphetamines, a .45-caliber handgun and a prepaid cell phone, according to the court opinion.

Investigators then used the phone to locate two other men suspected of being involved in the deal -- Stephen J. Lanier, 42, of Tucson, Ariz.; and Jeffrey S. Cruttenden, 48, of Breesport, N.Y.

Mr. Lanier was initially suspicious of the incoming text messages -- there had been a break in communication after the arrest -- and asked questions that only Mr. Amodeo would be able to answer, the court opinion said. Mr. Amodeo fed answers to the investigators, which apparently satisfied Mr. Lanier, who directed them to a hotel off the interstate, authorities said.

Mr. Lanier was carrying $20,000 in cash.

Mr. Lanier and Mr. Cruttenden, who were arrested on drug and conspiracy charges, filed a successful legal challenge in Luzerne County court over how evidence against them was obtained. Prosecutors appealed to Superior Court, which resulted in the decision issued yesterday.

Mr. Lanier's lawyer, Al Flora, said he had not seen the ruling but said it sounded as if the court agreed with his argument.

"The state police needed an appropriate warrant; they didn't have it," Mr. Flora said

[TXDMERC73]

so does this mean the polic eneed a warrant to read peoples text messages on the computer as well? or does that only apply for cell phones? i hate when the Govt spies on everything we do.

[mikepro8]

This should be interesting because in the past, cell phones fell under the "container" rule, that anything held by the "container" (text messages, numbers, etc.) was subject to search, as long as it was available to the person being arrested.
Something tells me that was a federal ruling, but I will have to see if I can find it in my mountain of caselaw.