Posted on 04/19/2011 8:35:22 PM PDT by Minus_The_Bear
The Michigan State Police have started using handheld machines called "extraction devices" to download personal information from motorists they pull over, even if they're not suspected of any crime. Naturally, the ACLU has a problem with this.
The devices, sold by a company called Cellebrite, can download text messages, photos, video, and even GPS data from most brands of cell phones. The handheld machines have various interfaces to work with different models and can even bypass security passwords and access some information.
Have you seen this?
What type of dope would hand over their phone to the cops without a warrant? Cops can ask to search your trunk, but you don’t have to let them. Seems to me the place to fight this is in court between the victims and the obviously corrupt police. Class action or otherwise.
As much as I normally despise the ACLU...
“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.”
I can’t imagine what kind of legal argument the cops could make to support scan and taking the information from a cell phone during a routine stop. Maybe I’m a little hung up on the words “secure... unreasonable... papers and effects... and probable cause.” Maybe I’m not seeing something here.
In any case, this goes along with the idea that you can’t film or record a police office doing his job. The erosion of liberty on so many levels is scary. What next... driving down the street mining data from open wireless portals?
They're probably already doing THAT...
Do the phones have to be on for this device to steal the information? What’s going to stop them from going by our houses and snooping on us?
The TSA’ll throw in a free grope as well..
The type that want to “Get along” with the cops more than defend their rights.
The type that are willing to surrender their rights as they “Have nothing to hide”.
The type who think “Only criminals try to demand privacy rights”.
The type that take their clue from current television programming, which routinely portrays the cops as always being “Right” even when they flagrantly abuse their authority via warrant-less searches, intimidation, torture, etc.
People’s civil rights are violated by “Our” LE routinely.
For a quick example, recall all the “DUI checkpoint’s” which assume driver guilt.
Such violations rarel gets any notice by the media unless they result in a “Technicality” letting some one off for a charge the media/DA insist they were actually guilty of.
“’What next... driving down the street mining data from open wireless portals?’
‘They’re probably already doing THAT...’”
GOOGLE already is...
Yes, but are the State Police doing it without a warrant? Not that anyone cares anymore...
Does the device have to be physically hooked up to the phone? If so, simply refuse to allow the officer to have the phone or deny having one.
“Sorry officer, I don’t HAVE a cell phone!”
4th Amendment Protection against unreasonable search and seizure!!!
Turn it OFF put it away and he can’t ask for (or demand) it!
Get a warrant officer!
Sorry officer, I dont HAVE a cell phone!
Then you’ll be charged with a myriad of charges depending on locality ranging from “obstruction of justice,” “lying to an officer,” and probably assault (Since swearing now constitutes assault, go figure, like the Olive Garden, with “Law Enforcement” officers, “the possibilities are endless” (TM)).
Is there really any proof the cops are using this in routine traffic stops?
This sounds like a typical ACLU over-reach to stop an “office tool” from being used against those arrested and brought in on charges.
I dunno what the police are capable of anymore. Since the feds already have devices that can listen to conversations inside of buildings, using lasers which measure the vibrations of a window pane, and translate to speech, and devices that can view inside of vehicles and homes, (similar to the TSA to our bodies) and use them at sporting events, and since they frequently check phone records without warrants (I read an Article saying Sprint provided an access that requires no warrants and is used so many millions of times per year, I wanna say it was 40 million), I’m sure some of the wireless information is being monitored at any given time. But who knows.
C,mon. We all know the Bible here. It pretty clearly states that in the end times there won’t be any privacy. We are seeing it now. Our government has built weapons that won’t kill but will incapacitate people. In the name of compassion? No, so that you can be put to a test. Who will you be loyal to? The State or your family. It’s not oomplicated.
Just enforcing the law right? Where are all of you Sheriff J types now? This is what happens when you let a police state run amok. After 9/11 we should not have allowed the feds to take over an increasingly larger role in security. Once you break that threshold and scare people you lose your freedoms.
Another factoid from the story is that the MI police apparently have a whopping five of these in the entire state. It would seem to follow that a phone would need to be formally seized to be thus read in most traffic cases.
Seems that more serious questions would arise from using what is marketed as a cell phone provider gadget for the ease of providing customer service (like for exchanges or upgrades of old phones), in a legal and evidence capacity. Is the device legally certified to get everything right? It, and any police action taken relying on it, could suffer in court that way much as uncalibrated breathalyzers do.
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