Michigan doing full sweeps of phones for traffic stops
 

http://www.thenewspaper.com/news/34/3458.asp

Unacceptable doesn't even begin to describe this one.

finally the ACLU is invovled in a case they should be.


if border patrol agents cant refit a battery in the cell phone of a suspected drug/human trafficker, then the state police has no right in illegally searching your phone.

It's hard to believe that I agree with this.

This.

Edit, what happens if you refuse?

While this is obviously a breach of privacy breaking the 4th amendment, what I find particularly annoying about this is that this device will not be catching drug runners, child traffickers and menaces to society, they will be catching some high school kid or housewife causing no harm to anyone.

They probably practice this in china. Communism... yes!

Someone clue me in here: What are they electronically scanning from your phone?

who cares what they are scanning. it is not relevant to minor traffic stops.

At least facist states give you the percieved notion that you own your own property.

I would generally be very forth coming and cooperative in the event of a traffic stop. If they want to search my car, then fine, as long as it isn't going to take more than 15 min. I'm not letting someone scan my phone and collect all of the data that's on it. Especially when it is information that would clearly need a search warrant in any other circumstance.

It appears that they can pull any data off the phone, so if you carry around financial info, business info, porno pictures of your mistress, whatever it contains.

you let cops search your car? why?

My question is what is THEIR reasoning behind this shit?
I know its wrong and all, I just want to hear how they justify such bullshit.
And do what, use it against you? So cops are nigerian princes now? They steal your identity?
WTF??? lol

I've never been in the situation to have my cr searched, but i don't see a problem with it. i've got nothing to hide and I know what information of mine they can see.

they've got nothing to see. say no.

They will not be searching my phone anytime soon.

around here (and most other places) if they demand to search your car and you refuse, they will impound your car. No ifs ands or buts about it

In most cases they'll search it anyway.

thats when you call in a state trooper ;)

show me California Code that says this.


Refusing consent is NOT in and of it self probable cause.

however

If he is able to develop probable cause independant of your refusal, he will be able to obtain a search warrant. (drug sniffing dog, looking into windows, other BS)

See Terry vs. Ohio, then this: http://en.wikipedia.org/wiki/Michigan_v._Long

It does you best to move out of liberal states that do not care about individual's unalienable freedoms/rights.

Do you do this often?

They always do. Just to fuck you over for not submitting to their massive fucking egos. A buddy of mine got pulled over months ago and they basically said exactly this:
"we need to search your car. is that ok?"
-"no. i've done nothing wrong and have nothing illegal in there"
-"ok buddy, here's the deal: you either let us search your car or we impound it for a week and let you deal with the fees in addition to whatever we find"

They searched his car. Didn't find jack shit. "let him off" with a fix-it ticket for some completely random bullshit.


fuck the police.
I fucking hate 99.99% of them and hope they die in a fiery crash while rotting in shit.

I've never had issues with cops in TX. Although I have been pulled over more here in 1 year than I have in my life. But no tickets or searches.

I've had my vehicles searched more times than I can count. It's just easier to let them and not worry about it. I don't have anything to hide (except for that dead stripper that one time, thank God they didn't find her)

I recieved a real warm welcome from the police in Dallas TX while driving my Prius with Cali plates. I was doing 10 over on the slow lane of freeway and got pulled over and ticketed. People were driving past us at 90+ but the SOB pulled us over.

http://gizmodo.com/#!5795369/the-han...rom-your-phone
This article explains what they are getting.

The short of it is, everything you've ever done with your phone.
texts, pictures, calls, emails, browser history, etc.

I'm surprised that this is being attempted, this is a massive invasion of privacy and under any judicial scrutiny should be ruled unconstitutional. The people responsible for instituting this policy should be immediately removed from office or terminated whichever the case may be.

I've seen some people say "I have no problem with Police looking at my information." The problem is you keep stretching the line of privacy and personal rights every time a policy like this is allowed to continue. Soon enough you get to a point where there is no right to personal privacy and people can be steamrolled by corrupt law enforcement with no defense. I know it borders on a slippery slope argument but that doesn't make it any less valid.

The search of digital devices without a warrant is an ongoing area but I wouldn't hold out hope that the 4th amendment will be useful here.
The most recent decision is I believe from the california supreme court but they held that text messages etc were not protected during arrest. I think the pennsylvania supreme court had a ruling that said that messages could be read if they had probable cause. This is the CA supreme court decision
THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) GREGORY DIAZ, ) ) Defendant and Appellant. ) ____________________________________)
S166600 Ct.App. 2/6 B203034
Ventura County Super. Ct. No. 2007015733
My wife also knows someone working on similar case going before the Oregon supreme court later this week
For now your best defense if you have anything you consider sensitive on your phone is password encryption or some have advocated programs to wipe your phone, I think some programs like mobile me or something have remote wipes of your phone as well.

No ones searching my car or my phone unless they give me a really good reason. If you don't like that, I'll gladly go to jail.

Everything above +1, this won't fly in states like Texas

Stealth97, it was for the Cali plates

IM SO PISSED!

The ACLU got me to say something positive about them.

UGHHHHHH.


turns out this program has been in effect since 2006. An officer needs a warrant signed by a judge to use the device, or by consent. There has never been one complaint and/or lawsuit since its introduction 5 years ago.

All worked up for nuthin'. Oh well. At least I know that there are other mt netters that value their privacy too.