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Can Police Confiscate Your Smartphone
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<blockquote data-quote="Slydude" data-source="post: 1591097" data-attributes="member: 131855"><p>I had not thought of that specific example. Although. when you look at the essence of the Miranda case, that one floors me as well. Something in my mind nags at me that the two cases are not exactly analogous but I can't put my finger on it at the moment. </p><p></p><p> My understanding of the "fallout" of that case is that it did not confer new rights on anyone. It merely required that potential suspects be informed of rights they already had. When I read about that decision in school it's another one that seemed self-evident to me. After all, how can someone exercise a right if they don't know they have it. </p><p></p><p>I've always been fascinated by how much many of the cases which come before SCOTUS are a product of the time in which they occur. I'm thinking here of the contrast between say Plessy v. Ferguson contrasted with Brown v. Board of Education. There is little doubt in my mind that social conditions/expectations played an important part in why both cases ended up in the Supreme Court.</p></blockquote><p></p>
[QUOTE="Slydude, post: 1591097, member: 131855"] I had not thought of that specific example. Although. when you look at the essence of the Miranda case, that one floors me as well. Something in my mind nags at me that the two cases are not exactly analogous but I can't put my finger on it at the moment. My understanding of the "fallout" of that case is that it did not confer new rights on anyone. It merely required that potential suspects be informed of rights they already had. When I read about that decision in school it's another one that seemed self-evident to me. After all, how can someone exercise a right if they don't know they have it. I've always been fascinated by how much many of the cases which come before SCOTUS are a product of the time in which they occur. I'm thinking here of the contrast between say Plessy v. Ferguson contrasted with Brown v. Board of Education. There is little doubt in my mind that social conditions/expectations played an important part in why both cases ended up in the Supreme Court. [/QUOTE]
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