Ok let's not count the fact that that a cell phone could easily have hidden weapons/means of escape (http://www.google.com/search?q=cell+phone+gun)
Which would be a valid reason to search the body of a cell phone. I have no problem with that.
A cellphone gun is an extreme example of this, what about hidden drugs or lockpick kit behind the battery or even in the battery casing? Or what about components of the phone? Little bits of metal or chemicals that could be used to escape or injure other people arrested / officers.
Is the state supposed to pay for training to teach officers how to disassemble / reconstruct phones in order to properly search them?
or the previously mentioned fact about the crimes that could be committed while the person was in jail.
Better stop them from making any phone calls or speaking to a lawyer, then.
I was more thinking along the lines of a pissed off drunk calling 911/the police station all night using a prepaid phone. Or calls to facilitate escape "One of the cops is in the bathroom now!"
The people are charged with a crime and they get their rights/freedoms taken away unless they post bail. They don't get to leave, they don't get to have their phone, they don't get to tivo american idol. That's the point.
See, I've got you here arguing that the point is to punish them, and I've got the other guy arguing that it is, in fact, not punishment. Interesting.
What, exactly, gives the police the right to punish you because you've been charged with a crime. (Or, heck, just detained 24 hours without being charged?)
They certainly have the right to restrict someone's movement, I don't dispute that at all. That's the power of 'arrest'. I'm just having trouble seeing how they have the right to restrict the rights of people in custody that isn't towards that end.
Well maybe not punishment, perhaps I misspoke (err typed). That is exactly what arrest is: "An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime..." (http://en.wikipedia.org/wiki/Arrest). The person who is arrested gets most of their rights taken away. Liberty doesn't just mean 'go where you want'.
Granted, there are plenty of very dangerous people who, a case can be made, should not have access to the outside world at all, or destruction of evidence or even murder of witnesses will happen. And I'm fine for the police making that case when they get the arrest warrant.
How would they know to? Most arrests aren't made off of warrants, most are made on-view or just thru investigations. It would make investigations of criminals a lot more difficult (destruction of evidence, establishing alibi's, etc).
Likewise, where are plenty of things that are too dangerous to allow in jails, like weapons, and everything should be searched to make sure it does not contain those.
But taking away everything as a matter of policy for all the innocent people in jail is absurd and shouldn't be allowed. (And if the problem is they might pass stuff off to convicted people, who do have their right to possess random items restricted, the solution is to have separate areas for those two groups, not restrict everyone.)
Anything not made out of NERF can be used as a weapon. Pencils, pens, cellphones, belts, shoelaces, etc. What do you just hope that the crazy, meth-addict, guy doesn't stab you with a pencil while you sleep? The police are the ones responsible for you once your liberty is taken away, if you get hurt in there they will have to answer for it.
Let's say there are ways to fix everything I mentioned with absolute 100% certainty:
"Magic-Scan(r)" scans the item/phone for any item/component/chemical of a phone that could possibly be used in any sort of 'bad' way.
"Safe-Brain(r)" then scans the brain of the owner to make sure they don't intend to use the item(s) in a hazardous way or to contact anyone to do anything 'bad'.
What about all the social issues that having all those items will cause? Do you want to be stuck in a room with 10 guys who are all trying to talk over each other on their phones? What do you do when Bubba demands to borrow your phone? when he doesn't return it? when you wake up and your watch is gone? What about the people who don't have phones? Do they get loaners? What if you don't get a signal? Should you get another cell? Etc...
Let's say we have another magic device that fixes all those issues as well. To what end? So you can update your Facebook status, play Peggle or plan what movie to see next weekend?
Who cares? Having a cell-phone isn't a right. It's a few days at most until you get charged, released or post bail.