Texting protected by 4th amendment privacy penumbra?

This is hilarious.  Some robbers used texting to communicate while they were stealing and then the cops pulled the records and busted them.  Just goes to show, nothing is perfectly safe.  I guess the ironic thing is these guys were smart enough to pull off these heists but not smart enough to realize the persistence of texting.

Of course, these guys are gonna try and pull the whole 4th amendment invasion of privacy BS to get the evidence against them stricken from the record (No one saw that one coming).  Whenever new technologies arise that can be searched by the po-po, we always get this same conflict: if the cops search it, does it count as illegal search and seizure.  When phones first began to be tapped, we got the katz decision, when we got thermal radar and other types of gadgets that can see behind the “expectation of privacy,” it had to be decided if if they qualified or not.  I guess it’s texting’s turn in this cycle of scapegoats.

Regardless of how this turns out, this is still pretty funny: a couple guys sitting back, all smug, betrayed by man’s new best friend–his cellular device.