Michigan cops stealing drivers' phone data

[HumblePie]

refusing a search is not probable cause and only fucking idiots think so.

now they will sit your ass down and bring in a K9 unit.

for the record i always say no when they ask to search the car. I don't do illegal drugs. i don't carry illegal stuff. they just don't need to go through my vehicle.

Correct. In a routine traffic stop, as in you aren't being pulled for for a ticket, they have no right so search your car if you refuse. They CAN bring in a K9 unit, but only so long as it doesn't detain the person to do so beyond what is listed as a routine traffic stop time. All states have this time listed and it is typically 10-15 minutes. If it will take longer than that for the k9 unit to show up you can legally drive away. I wouldn't do it, but I would inform the officer, while using a recording device while doing so that he has no right to detain me beyond the routine traffic stop times if the K9 unit is going to take longer than that to get there. Then I would say I was calling my lawyer.

Trust me, you do this right and they'll let you go very quickly. Especially if you say, "Can you hold on for a moment while I call my lawyer?" Cops pucker up fast to that one when they know they are in the wrong.

But as to the OP this is a major invasion of privacy. It is akin to an illegal search and seizure.

 

[JSt0rm]

yeah right. The only thing going thru my mind when stopped by a cop is how not to get shot by this high school grad with a gun.

 

[waggy]

Ok, you try and say no next time and see what happens.

I know you are stupid. but try to understand what is posted.


I ALWAYS say now hen they ask to search the car. you know what it does? NOTHING. they don't search the car. its the end of it. they don't threaten me. they don't use that as a excuse to search it. hell i have only had the K9 ONCE but that was cool me and the officer ended up talking about motorcycles (had my helmet in the car).

so yeah next time i will say NO yet again.

 

[Generator]

As the sheep take on more and more electronic consumerism the police will have first dibs on face identification, google/facebook databasing, and a endless network made of human beings with cellphones.

I guess there is this new fad with people placing virtual markers on real life objects. Easter egg stuff or whatever...suppose those markers become real time information that floats above peoples head.

In 5 years human beings will be walking/driving to work with cellphone sunglasses that filters all sort of information. Who has a gun, who is a felon, the only thing remarkable will be who doesn't have pair of these glasses. The mob will police itself by observation alone.

 

[Brigandier]

Is it legal for police to take a person's cellphone and go through it without a warrant?

How is this any different?

 

[rudeguy]

holy crap....lots of tin foil hatting in this thread

 

[ShawnD1]

holy crap....lots of tin foil hatting in this thread

Probably because MOST PEOPLE ARE CRIMINALS.

Quick, name 1 person you know who has never smoked weed. Can't think of even 1 person can you?
All this does is give the police a way to prosecute every single person in the country for one reason or another.

 

[shabby]

Is it legal for police to take a person's cellphone and go through it without a warrant?

Is is now, welcome to america! Land of the free...

 

[alphatarget1]

Someone can design something so that your phone's stuff is encrypted for fun and profit.

 

[MrEgo]

I'm guessing this has something to do with our new anti-texting and driving laws. Not much else you can get at with a Cellebrite and that's if the damn thing works.

I think you're onto something with that, and I'm sure if the article wanted to, it could make the MSP sound a little more reasonable for the use of the Cellebrites. Are they still wrong for doing it? I don't know, the article needs to be more clear. It doesn't look good on the surface, but neither do a lot of things.

 

[thegimp03]

Amazing that these cops think they can get away with this.

 

[lothar]

Someone can design something so that your phone's stuff is encrypted for fun and profit.

Like Truecrypt?

 

[lothar]

Time to go put a bunch of penis pictures on my phone then go get pulled over lol

Goatse and Tubgirl pictures should be enough.

 

[ShawnD1]

Goatse and Tubgirl pictures should be enough.

Put some faces of death videos on there for good measure.

 

[dmcowen674]

holy hell. are we a free country anymore? seriously wtf.

http://news.cnet.com/8301-17938_105-20055431-1.html#ixzz1K5tOrbW5

California did it first. I'm sure by end of the year all the states will do this.

1-5-2011

http://www.dailytech.com/California+Allows+Warrantless+Cell+Phone+Searches/article20565.htm

California Allows Warrantless Cell Phone Searches

Ruling allows for cell phones and other devices of arrested to be searched without a warrant

In its ruling, the California Court compared the search of a cell phone to that of a cigarette pack of a defendant, which, in a previous case, held up in court.

 

[ShawnD1]

In its ruling, the California Court compared the search of a cell phone to that of a cigarette pack of a defendant, which, in a previous case, held up in court.

What a terrible comparison. Searching your phone would be a lot closer to having the government search through your personal mail to make sure you're not guilty of Thought Crime.

 

[airdata]

This is gross invasion of privacy.

yeah... that's ridiculous.

 

[rudeguy]

I think you're onto something with that, and I'm sure if the article wanted to, it could make the MSP sound a little more reasonable for the use of the Cellebrites. Are they still wrong for doing it? I don't know, the article needs to be more clear. It doesn't look good on the surface, but neither do a lot of things.

but look at all the people spewing off in this thread. The article says nothing about how much data is downloaded, what data is downloaded, how often the data is downloaded or anything specific in the least. But these people are going on like someone is ripping their phones out of their hands and copying their pics, texts, call logs and web history.

The only way a cop can do this is with your permission or if you are arrested. They can't do this without your permission just because they pulled you over. FFS, use your heads people.

 

[ShawnD1]

The only way a cop can do this is with your permission or if you are arrested. They can't do this without your permission just because they pulled you over. FFS, use your heads people.

"he mentioned something about buying drugs so I downloaded the entire contents of his phone"

 

[Zargon]

California did it first. I'm sure by end of the year all the states will do this.

1-5-2011

http://www.dailytech.com/California+Allows+Warrantless+Cell+Phone+Searches/article20565.htm

California Allows Warrantless Cell Phone Searches

Ruling allows for cell phones and other devices of arrested to be searched without a warrant

In its ruling, the California Court compared the search of a cell phone to that of a cigarette pack of a defendant, which, in a previous case, held up in court.

wrong.

arrested != traffic stop.

this is BS, if they think you were texting they should give you a NTA and then get a warrant for your phone records.

and I'm with waggy, I say no when they ask to search my car, and I've only gotten grief about it once, yet I didnt go to jail there was no search and he was just a dick the rest of the time, but I still didnt get a ticket

 

[Thump553]

How would they even know a motorist has a cell phone on them? They searching everyone they pull over? Quite disturbing.

Wow, I agree with FNE on something.

In a related story, it was reported on this mornings news that iPhone and iPad store GPS information showing everywhere the phone/pad has been unencrypted and there is apparently nothing you can do to prevent that (yet).

This seems to be a gross invasion of privacy without even a scintilla of probable cause. Even with an arrest, I don't get the California logic equating a device involuntarily mail and tracking your prior whereabouts with a cigarette pack. Has that statute been tested in court yet?

 

[jonks]

They require a warrant or consent. If they get either, they can search. What's the biggie?

 

[rudeguy]

"he mentioned something about buying drugs so I downloaded the entire contents of his phone"

Has that happened? Has anyone said that all a cop needs is probable cause?

NO!

You guys really jumped the shark on this one.

 

[Atreus21]

Time to go put a bunch of penis pictures on my phone then go get pulled over lol

This guy's got the right idea.

 

[wuliheron]

Americans can't even do the totalitarian thing with style.