Michigan: Police Search Cell Phones During Traffic Stops

[Rasa1111]

Say what?

Is this even "Constitutional"? lol
My mind says no.. Not at all.

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.

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.

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

Now, Who can come up with a device that when read by this other (fascist) device.. Will fry it, and everything connected to it? lol

Welcome to your police state!
Where everyone is guilty, and everyone is a criminal!

I believe they also tried something like this in NH, but it was shot down rather quick.

How do you feel about this?

Would you just hand them your phone and say "go for it!"?

I would get arrested for failure to comply,
and I don't even have anything on my phone to hide.

I am not in Michigan (as you can see, I'm on the space station) lol
But I have many friends there.

So,
This "cool" with you?

[jimbobs]

It sounds like illegal search and seizure to me.

Some might say they don't care because they have nothing to hide but that is the type of simplistic argument that is used to justify totalitarianism.

[3Miro]

This should be shutdown instantly by the Supreme Court.

[Rasa1111]

Some might say they don't care because they have nothing to hide but that is the type of simplistic argument that is used to justify totalitarianism.

Indeed. My thoughts exactly. <3

This should be shutdown instantly by the Supreme Court.

Most agreed.
But I think the S.C. is just as corrupt and shady as anyone pushing for this. (Or more so). lol

Good answers.
Thanks friends. <3

[Derxst]

Sounds like something the Soviet Union would do if it were around today.

[jimbobs]

Sounds like something the Soviet Union would do if it were around today.

Emmmm ..... no, it sounds like something the Michigan State Police ARE doing today

[Oliphant]

This is awfully strange. Being involved in Law Enforcement myself, this would NEVER fly in New Jersey. Search and Seizure is very specific and it is one of the easiest cases to lose in court.

Minor traffic violations and I will have my phone downloaded? Seems a bit extreme. I'd like to look into this deeper and find out how in the world they justify this under probable cause.

[earthpigg]

erm,

What happens if I say "No, officer I do not have a cellular phone with me" and he doesn't otherwise have probable cause to search my vehicle?

[Rasa1111]

This is awfully strange. Being involved in Law Enforcement myself, this would NEVER fly in New Jersey. Search and Seizure is very specific and it is one of the easiest cases to lose in court.

Minor traffic violations and I will have my phone downloaded? Seems a bit extreme. I'd like to look into this deeper and find out how in the world they justify this under probable cause.

Indeed.
I sent it to my brother, who is a Sheriff,
and he said.. " F that, that's not going to go over to well"
lol

So I asked him.. "How do YOU feel about it?, If you were a "civilian"? and this happened to you?"
He said.. "I feel the same as you, brother". <3

erm,

What happens if I say "No, officer I do not have a cellular phone with me" and he doesn't otherwise have probable cause to search my vehicle?

Then, from my understanding.. He can't do squat.
They have absolutely no reason or right to search your vehicle just for the sake of searching it.
and if you tell them they cannot, then ..they cannot.

What I would be 'worried' about, in the future..
is their ability to just scan your vehicle or person,
and if a cell phone is "detected" it will just lift everything from your phone that way.
Similar (or exact) technology does exist I'm sure.

Embrace your dictatorship! lol <3

[Throne777]

Is that normal for american police departments to just demand (what borders on) ransom money for information on their seemingly illegal procedures?
In England, I'm fairly certain you can use the Freedom Of Information Act to get hold of things like that, & there's not much the police could do about it.
Even without the act, the press would have an absolute field day.