Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Michigan: Police Search Cell Phones During Traffic Stops
www.thenewspaper.com ^ | 4/19/2011 | Staff

Posted on 04/20/2011 6:05:29 AM PDT by Red Badger

ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists

The 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.


TOPICS: Crime/Corruption; Culture/Society; Government; US: Michigan
KEYWORDS: donutwatch
Navigation: use the links below to view more comments.
first 1-2021-30 next last

Outrageous......and UNconstitutional............

1 posted on 04/20/2011 6:05:32 AM PDT by Red Badger
[ Post Reply | Private Reply | View Replies]

To: Red Badger

I wonder what kind of virus protection it has.....


2 posted on 04/20/2011 6:06:41 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Their knickers are in a twist over the iPhone apps that identify locations of DUI checkpoints.


3 posted on 04/20/2011 6:06:48 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

If your cell phone is under the seat, how do they get it?


4 posted on 04/20/2011 6:06:48 AM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe 6-pack

Probably none...............


5 posted on 04/20/2011 6:08:12 AM PDT by Red Badger (Mitt Romney: The Harold Stassen of the 21st century........)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Paladin2

Same way they find that 10 year old roach under your seat...............


6 posted on 04/20/2011 6:09:12 AM PDT by Red Badger (Mitt Romney: The Harold Stassen of the 21st century........)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Red Badger
Seems like the stopped motorist (does this include passengers) should refuse to answer the question of being in possession of a cell phone then the gestapo (officer) would have to conduct a warrant less search, which could easily be attacked.
7 posted on 04/20/2011 6:10:05 AM PDT by Founding Father (The Pedophile moHAMmudd (PBUH---Pigblood be upon him))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

“... to encourage citizens to cooperate if they have nothing to hide”.

Don’t know about anyone else but that phrase scares the dickens out of me.


8 posted on 04/20/2011 6:10:37 AM PDT by momtothree
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

So they are raping our cell phones...


9 posted on 04/20/2011 6:15:24 AM PDT by tioga ( Proud Proofer)
[ Post Reply | Private Reply | To 1 | View Replies]

To: momtothree
“... to encourage citizens to cooperate if they have nothing to hide”. Don’t know about anyone else but that phrase scares the dickens out of me.

There was a time when "None of your business" was a valid response.
10 posted on 04/20/2011 6:16:49 AM PDT by BikerJoe
[ Post Reply | Private Reply | To 8 | View Replies]

To: Red Badger
“Officer, I do not consent to searches, thank you sir/ma'am.”

Worked every time.

11 posted on 04/20/2011 6:19:15 AM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

I suspect this is totally unconstitutional. I’ll bet they are getting voluntary compliance from the ignorant public. All you have to do is REFUSE. Why should you have to LIE?

1. Refuse to answer as to whether or not you even have such a device.

2. If you have already said, yes, then refuse to allow the LEO to look at or examine your communications device. They have no right to do so.

REFUSE TO BE INTIMIDATED.


12 posted on 04/20/2011 6:21:33 AM PDT by faucetman (Just the facts ma'am, just the facts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: momtothree
Yes. It's right out of 1984.................
13 posted on 04/20/2011 6:24:03 AM PDT by Red Badger (Mitt Romney: The Harold Stassen of the 21st century........)
[ Post Reply | Private Reply | To 8 | View Replies]

To: faucetman

S.N.U.U.

Situation Normal, Utterly Unconstitutional.


14 posted on 04/20/2011 6:25:46 AM PDT by Lazamataz (The Democrat Party is Communist. The Republican Party is Socialist. The Tea Party is Capitalist.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: BikerJoe

“There was a time when “None of your business” was a valid response”.

Agreed. Now we are becoming a country where you have to relinquish privacy and if you question that, you have something to hide. If you give up rights, then you are a “good” person with nothing to hide. I guess it is just assumed, that law enforcement can search your home without a warrant and you will give permission “unless” you have something to hide? Upside down, if you ask me.


15 posted on 04/20/2011 6:25:58 AM PDT by momtothree
[ Post Reply | Private Reply | To 10 | View Replies]

To: Red Badger

What’s the ACLU doing about TSA?


16 posted on 04/20/2011 6:31:41 AM PDT by fruser1
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

So, now the first thing you do when you see red/blue flashing lights in your mirror and hear a siren, is turn off your cell phone. Wouldn’t they need a warrant to make you turn it back on?

And yes, I have nothing to hide, but get the warrant anyway, officer.


17 posted on 04/20/2011 6:47:37 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

More than Michigan. However, probably not used as often, or for the reasons that many here suspect. I do know that Ft. Worth police used some sort of technology to ascertain that a teenage girl was indeed texting when she caused a near fatal accident.


18 posted on 04/20/2011 6:53:16 AM PDT by Melas
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

I have a phone that is a phone only. No bells or whistles. It would probably piss them off IF I allowed them to use their device on it. I wondering, though, when did police go from being peace officers to becoming
law enforcement officers?


19 posted on 04/20/2011 6:59:52 AM PDT by kickonly88 (I love fossil fuel!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

This is typical donut muncher c@#p.

Just say loudly so your phone recorder can hear what you say. .

Here’s my name,drivers license and registration.

I do not consent for you to search.

Am I free to go or are you holding me?

Don’t get mad, or scream or get in his grill. Or spout off about your rights.

If you are holding me I want to speak to my attorney, then just shut up.

http://www.youtube.com/watch?v=yqMjMPlXzdA&feature=youtube_gdata_player


20 posted on 04/20/2011 7:01:02 AM PDT by Dick Vomer (democrats are like flies, whatever they don't eat, they sh#t on.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-30 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson