No state snooping here

Instead of the Indiana General Assembly obsessing about whether or not gay people can get civil unions, it’s a miracle that the legislature is actually fighting for the rights of Hoosiers.

Currently, there are bills in the Indiana Statehouse that would limit the powers police have over citizens. The Fourth Amendment of the U.S. Constitution grants citizens the right to be free from illegal search and seizure of property.

However, cellphones and other electronic devices, such as tablets and personal computers, are exempt from the Fourth Amendment. In Indiana, for example, a woman was arrested for being involved in the sale of methamphetamine.

The police searched the suspect’s phone without obtaining a warrant or her permission. The presiding judge, the Honorable Richard Posner, argued searching cellphone records was not invasive and is comparable to reading through an address book.

Posner also argued a cell phone can potentially be remotely disabled or erased so the case had a sense of urgency, which is exempt from the Fourth Amendment.

Currently, the same precedent is being applied to people who are pulled over for texting and driving. Since cellphone data is easily erased, they are often seized and searched in cases where drivers are suspected of texting behind the wheel, which is a crime in Indiana.

Pieces of legislation in the Indiana General Assembly would require Indiana police to obtain a court warrant before they wiretap, search or seize a phone or other electronic device. They would also limit the use of aerial drones in Indiana.

The Editorial Board fully supports the efforts being made to guarantee the rights of Hoosiers that are afforded to us by the Constitution.

While we don’t advocate for texting and driving, of course, we believe we should be better protected from the police in cases where we’re suspected of committing a crime that involves our cellphones.

We don’t want police snooping through data, seeing our embarrassing selfies or our pathetically low score on Flappy Bird.

Because, let’s admit it, phones aren’t just used for calling or texting anymore. They can take photos or videos, some of which aren’t as PG as we’d like an arresting officer to see.

And following the scandal involving Eric Snowden, the whistleblower who revealed the extent to which the National Security Agency could collect data about private citizens, this legislation is needed.

We may not be able to amend the Patriot Act, but we can control what Indiana police do in Indiana.

And while drones aren’t often used in Indiana, they have been discussed before by state police agencies. Whenever they are used, however, the Editorial Board wants them to be regulated. We don’t want to always feel like we’re being watched when we walk to class.

None of these pieces of legislation have been brought to a full vote in either the House or Senate as of now — most are being debated in committees in both chambers. When they do get brought to the floor, we want them to be passed.

It’s time Hoosiers are actually given rights by our Statehouse. And this is a step in the right direction.

­— opinion@idsnews.com
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