Michigan: Police Search Cell Phones During Traffic Stops
ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists.As I mentioned above, I'm torn on the story. On the one hand, I can kinda see the need for a BRING ME THE HEAD OF THE IDIOT WHO THOUGHT OF THIS SO THAT WE CAN MOUNT IT ON A PIKE AS A WARNING TO OTHERS here. Then again, there's also the appeal of the FOURTH AMENDMENT, BEEYOTCHES! aspect. Now, I will grant that there's probably some information being left out - like these are people suspected of texting while driving or something, so this might be downgraded to WHAT THE HOLY MOTHERF**KING HELL. Jury is still out.
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.
Look, I don't give a hairy rat's patoot what you think might be on someone's cell phone. If they've used in in the commission of a crime - say, texting while driving - then you get a damn warrant. Come to think of it, that's really the only instance in which it's even barely conceivable that the police would have any need to know what's on your smart phone - if they suspect you were texting at the wheel (in a state - like MA - where this is a ticketable offense). There is no need whatsoever to scan phones arbitrarily, and there's simply no excuse for this egregious violation of civil rights.
Of course, the sheep bleat, if you haven't done anything wrong, you have nothing to hide, right comrade?
That is all.
10 comments:
Reminds me of what a lawyer friend told me... the only phrase that should come out of your mouth when asked by police to search any of your property is, "I do not consent to warrantless searches."
Seems the iPhone has a secret file that logs your GPS position. If the positions have timestamps (likely), then the Po-Po could reconstruct how fast you were driving down the highway.
When will this be a part of the car? A GPS in the car and an automatic upload to 'authorities' (and to Google, to boot).
You get your tickets in the mail for speeding because your car says so.
You get charged for using certain highways. No toll booths needed. It is little effort to add a lot of highways to the toll system.
You get charged for driving over X number of miles per year or per month.
You can get charged for accelerating too quickly - it uses more gas - shame on you.
Sorry you need a warrant for that.
The other data stored is a history with time stamps for phone calls.
The latter with any GPS data can be used to reconstruct where you were and whom you were talking to. Possible uses are RICO/Gang and proof of handsfree phone/texting violations.
Seems we have a bill of rights about this.
Eck!
In some geeks basement an app is being written that will fry the Cops scanner. Fight technology with technology.
Fewer lawyers and more nerds!
This is what courts term "a fishing expedition". If the police want to know who I called or who called me on my landline, they need a court order. Same thing for my credit card records, cell phone, and even my Easy Pass account. Want to know where I surf on my computer? Get a warrant.
From the article, they can get far more than if someone was texting at a particular time. They can get the content of the texts, who they went to, pictures, video, phone records. The police should not be able to get any of that absent probable cause and a warrant.
I'm not a big fan of the ACLU, but this time they are right.
I'm also sick of hearing that we have no privacy any longer. While that may be true technically, it should not be true legally. No one private or public, has the right to my data any more than they have the right to monitor my phone calls.
smart phone-not so smart.
What I haven't seen discussed much yet is the likely coorelation this has to the War On (Some) Drugs. Knowing where/when you were compared to the same data on a known dealer (or sales location) could be offered as "evidence" of drug-related criminality.
Can anyone else say "asset seizure"? And not just the stupid phone; the car, bank balance and cash, whatever of yours the cop's imagination runs to basicly. All of which is already ruled to be outside the 4A constraints.
How do I get a fake cell-phone that conatins nothing except the worst computer viruses known to man (and maybe some gay porn for the cops to enjoy when their computers crash)?
Yep...if you've done nothing wrong, you have nothing to hide. That's why Michigan is one of 12 states that ban civilian recording of traffic stops.
Wonder what the cops in MI are hiding?
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