Wow...this is pretty messed up!
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Wow...this is pretty messed up!
Michigan: Police Search Cell Phones During Traffic Stops
http://www.thenewspaper.com/news/34/3458.asp
There's no way in hell I would ever let a cop touch my cell phone and download everything thats on it, without some kind of warrant.
ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists.
CelleBriteThe Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program.
ACLU learned that the police had acquired the cell phone scanning devices and in August 2008 filed an official request for records on the program, including logs of how the devices were used. The state police responded by saying they would provide the information only in return for a payment of $544,680. The ACLU found the charge outrageous.
"Law enforcement officers are known, on occasion, to encourage citizens to cooperate if they have nothing to hide," ACLU staff attorney Mark P. Fancher wrote. "No less should be expected of law enforcement, and the Michigan State Police should be willing to assuage concerns that these powerful extraction devices are being used illegally by honoring our requests for cooperation and disclosure."
A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.
"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."
The ACLU is concerned that these powerful capabilities are being quietly used to bypass Fourth Amendment protections against unreasonable searches.
"With certain exceptions that do not apply here, a search cannot occur without a warrant in which a judicial officer determines that there is probable cause to believe that the search will yield evidence of criminal activity," Fancher wrote. "A device that allows immediate, surreptitious intrusion into private data creates enormous risks that troopers will ignore these requirements to the detriment of the constitutional rights of persons whose cell phones are searched."
The national ACLU is currently suing the Department of Homeland Security for its policy of warrantless electronic searches of laptops and cell phones belonging to people entering the country who are not suspected of committing any crime.
CelleBriteThe Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program.
ACLU learned that the police had acquired the cell phone scanning devices and in August 2008 filed an official request for records on the program, including logs of how the devices were used. The state police responded by saying they would provide the information only in return for a payment of $544,680. The ACLU found the charge outrageous.
"Law enforcement officers are known, on occasion, to encourage citizens to cooperate if they have nothing to hide," ACLU staff attorney Mark P. Fancher wrote. "No less should be expected of law enforcement, and the Michigan State Police should be willing to assuage concerns that these powerful extraction devices are being used illegally by honoring our requests for cooperation and disclosure."
A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.
"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."
The ACLU is concerned that these powerful capabilities are being quietly used to bypass Fourth Amendment protections against unreasonable searches.
"With certain exceptions that do not apply here, a search cannot occur without a warrant in which a judicial officer determines that there is probable cause to believe that the search will yield evidence of criminal activity," Fancher wrote. "A device that allows immediate, surreptitious intrusion into private data creates enormous risks that troopers will ignore these requirements to the detriment of the constitutional rights of persons whose cell phones are searched."
The national ACLU is currently suing the Department of Homeland Security for its policy of warrantless electronic searches of laptops and cell phones belonging to people entering the country who are not suspected of committing any crime.
http://www.thenewspaper.com/news/34/3458.asp
There's no way in hell I would ever let a cop touch my cell phone and download everything thats on it, without some kind of warrant.
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If a cop asks you for your phone, say no. If they ask you to open your trunk, say no. If they ask if there is anything illegal in the car they should know about, say no. If they ask if they can search the car, say no. Duh? If they have the legal standing to force you to do something they will not be asking, they will be telling.
If you voluntarily allow a search and they find something incriminating, YOU are the dumbass for waiving your right against self-incrimination. That this is even a question is testimony to the failure of government schools to teach people about their government.
If you voluntarily allow a search and they find something incriminating, YOU are the dumbass for waiving your right against self-incrimination. That this is even a question is testimony to the failure of government schools to teach people about their government.
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If they insist, it's because they could take you to jail anyway and do it while your phone was in the evidence locker. Don't forget that a Policeman who MAKES you do something almost always has a legal leg to stand on in court. If they don't insist, they couldn't make you do anything. That's why they ask. Sometimes they may even tell you to do something, but can't say sh!t when you say "No."
Flex your rights while you still have them, people.
Flex your rights while you still have them, people.
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Stocker is a smart man. I preach this to people all the time. I'll randomly see a post on facebook "damn cops searched my car" I'm like "smh why did you let them? Idiot" lol we have rights, learn them and exercise them to the fullest. "A right not practiced is a right lost"
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Cops do have the right to search your cellphone/car/person IF they arrest you. There have been many cases where defendants have tried to get phone search evidence(or car search evidence) thrown out, but the courts have ruled that they have the right to search your phone if you are under arrest, just as they have the right to search your person and your car if you are under arrest.
If you were just pulled over for speeding or a broken tailight, and the cops have no probable cause, then you can deny them the search of your person/phone/car as stocker said.However, if you are not under arrest, they have no right to search unless they claim "probable cause".
Now, if the cop claims he smells weed coming from the car, they have the right to search the car under "probable cause", however, that does NOT give them the right to search your phone. As you aren't physically able to HIDE drugs in your phone.
But if the cops suspect you were texting and driving (or calling and driving)if it's illegal in your area, they have the right to search your phone for proof of txting/calling while driving. It all depends on the circumstances. You can then go to court and try to argue 5th amendment rights against self recrimination regarding the on site cell phone search, but the prosecutor can(and will) simply claim 'eventual discovery', since what they would have done had you denied using the cell phone is subpoena your cell phone records from the provider and have gotten the information anyway...It's been tried, and failed.
If you were just pulled over for speeding or a broken tailight, and the cops have no probable cause, then you can deny them the search of your person/phone/car as stocker said.However, if you are not under arrest, they have no right to search unless they claim "probable cause".
Now, if the cop claims he smells weed coming from the car, they have the right to search the car under "probable cause", however, that does NOT give them the right to search your phone. As you aren't physically able to HIDE drugs in your phone.
But if the cops suspect you were texting and driving (or calling and driving)if it's illegal in your area, they have the right to search your phone for proof of txting/calling while driving. It all depends on the circumstances. You can then go to court and try to argue 5th amendment rights against self recrimination regarding the on site cell phone search, but the prosecutor can(and will) simply claim 'eventual discovery', since what they would have done had you denied using the cell phone is subpoena your cell phone records from the provider and have gotten the information anyway...It's been tried, and failed.
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From: Pflugerville, TX
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LOL that's the problem. Your Elected Heroes want to Exorcise your rights because most people don't care/want/think/know to excercise their rights.
It reminds me of the time AlGore said his favorite verse in the Bible is John 16:3. I think he may have misspoken, but that would be hard to prove.