Mich. Cops can now steal your cell phone data

[The Infidel]

WTF?

Mich. Cops Can Now Steal Your Cell Phone Data — ‘Without the Owner Knowing’ | The Blaze

It’s a scary scenario. You’re driving down the road and get pulled over by a state patrolman. After checking your license and registration, the officer asks for your cell phone, and then uses a futuristic machine to download all your data. In Michigan, it’s happening.


What ever happened to the 4th ammendment?

Screw that..... give them an inch and they will steal your rights



The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[ogibillm]

go aclu is all i have to say

 

[George Costanza]

go aclu is all i have to say

Oh no - the ACLU is EVIL, doncha know? Unless, of course, it is attempting to keep OUR ox from being gored . . .

 

[Gadawg73]

Michigan: Police Search Cell Phones During Traffic Stops

 

[westwall]

Michigan: Police Search Cell Phones During Traffic Stops

Personally I despise the ACLU, IMO they have caused far more harm then they've fixed, but this is pretty damned outrageous.

 

[Ravi]

How can the police compel you to give them your cell phone during a traffic stop to begin with?

 

[Valerie]

How can the police compel you to give them your cell phone during a traffic stop to begin with?

"Encouragement" and intimidation...


"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.

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.



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.
Michigan: Police Search Cell Phones During Traffic Stops

 

[Mad Scientist]

How can the police compel you to give them your cell phone during a traffic stop to begin with?

They can't. If a cop asks you to give him your cell phone ask him what law says you have to hand it over. You have a Reasonable Expectation of Privacy when it comes to your cell phone. If the cops wanna' look at it, they need a warrant just the same as if they wanted to come into your house.
I understand people have a respect for Law Enforcement but when the cops break the law they deserve no respect.

I don't like the ACLU either but in this case they're right.

 

[ogibillm]

Michigan: Police Search Cell Phones During Traffic Stops

Personally I despise the ACLU, IMO they have caused far more harm then they've fixed, but this is pretty damned outrageous.

such as?

 

[NoEconomist]

How can the police compel you to give them your cell phone during a traffic stop to begin with?

Many people will simply comply with the requests of an Officer. They aren't lawyers and usually don't have one handy in the car. Conversely law enforcement is always pushing the limits of civil liberties because they are by their nature impediments to law enforcement.

 

[Douger]

How can the police compel you to give them your cell phone during a traffic stop to begin with?

Enhanced interrogation techniques.

 

[Robert]

Funny how they ignore the Brown shirts of the TSA thou...

 

[Mad Scientist]

go aclu is all i have to say

Oh no - the ACLU is EVIL, doncha know? Unless, of course, it is attempting to keep OUR ox from being gored . . .

The ACLU is correct on this one.

 

[ogibillm]

Funny how they ignore the Brown shirts of the TSA thou...

i would be very surprised to learn that there are no current or pending aclu challenges to tsa procedures.

 

[Mad Scientist]

Funny how they ignore the Brown shirts of the TSA thou...

What the ACLU thinks of the Brown shirts at TSA:
Stranger Danger: TSA Frisks Another Little Kid » Blog of Rights: Official Blog of the American Civil Liberties Union

 

[Immanuel]

They get away with it because people think that they can. People also think that they have nothing on their cellphones that can get them in trouble so they just hand them over. They are also afraid of what will happen if they say "No". When you say "No" to a cop, you are defying his authority and are subject to his abuse from that point on.

I'm with the ACLU on this one.

Immie

 

[Valerie]

Funny how they ignore the Brown shirts of the TSA thou...

TSA searches are legally deemed "administrative searches" and have passed 4th amendment muster.

Even prior to the passage of ATSA and the Federalization of the screening work force, Federal courts upheld warrantless searches of carry-on luggage at airports. Courts characterize the routine administrative search conducted at a security checkpoint as a warrantless search, subject to the reasonableness requirements of the Fourth Amendment. Such a warrantless search, also known as an administrative search, is valid under the Fourth Amendment if it is "no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, confined in good faith to that purpose," and passengers may avoid the search by electing not to fly. [See United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973)].

While the searches at the airport will be conducted by private screening companies, such searches will continue to be subject to the Fourth Amendment requirements of reasonableness because they are conducted at the instigation of the federal Government and under the authority of federal statutes and regulations governing air passenger screening.

TSA: Frequently Asked Questions - Program

 

[Gadawg73]

Michigan: Police Search Cell Phones During Traffic Stops

Personally I despise the ACLU, IMO they have caused far more harm then they've fixed, but this is pretty damned outrageous.

True patriots seek to protect the rights of those we may despise the most.
ACLU represented Jerry Falwell for free in his cases against State of Virginia and street preachers all across America fighting against local ordinances banning street preaching.
ACLU takes on abuses of government all the time. We may not like the folks they stand up for or the stances those folks have but everyone has rights. We live in America.
But this does not surprise me. We live in a police state, guilty until proven innocent.
And as a result of that who out there other than ACLU is there to fight this?

 

[Lonestar_logic]

Sounds like a bunch of hogwash.

 

[chanel]

I'm skeptical as well. I can see a cop wanting the data of a drug dealer he may have just arrested, but I don't see what they would want with the phone of a speeding soccer mom. It doesn't make sense.