Michigan: Police Search Cell Phones During Traffic Stops
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Michigan: Police Search Cell Phones During Traffic Stops
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.
CelleBriteThe 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.
ACLU seeks information on Michigan program that allows cops to download information from smart phones belonging to stopped motorists.
CelleBriteThe 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.
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#8
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What happens when a local politicians son/daughter is pulled over and it is found that they used their phone to contact their drug dealer? Will the use of that tool become immoral then? Up until the point it begins to affect those 'higher up' you will see them turn a blind eye to these issues.
#9
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I have my phone locked at all times. If they ask for the code, I am asking them for a warrant. If they are to stupid and keep trying to figure out how to unlock it more than 3 times it will delete all the info on it.
Someone should return the info and release all info on cops and law enforcement personnel. Lets see how they like when the tables are turned on them.
[update]: I read that it can unlock, locked phones. Guess I will use an old phone with no info on it.
Someone should return the info and release all info on cops and law enforcement personnel. Lets see how they like when the tables are turned on them.
[update]: I read that it can unlock, locked phones. Guess I will use an old phone with no info on it.
Last edited by JessePS; 04-20-11 at 05:11 AM.
#10
Holy crap....no wonder why there're hot celebrity nudes pictures/video leak on the web.
This is so bad, they not only monitoring ur phone/email but also pictures/video/bank account info/password............Good job America!!!
Where is the google protest this time???? They are getting more stuff then reading email!!!!
This is so bad, they not only monitoring ur phone/email but also pictures/video/bank account info/password............Good job America!!!
Where is the google protest this time???? They are getting more stuff then reading email!!!!
#11
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I agree that cell-phone data should not be searched or retrieved just indiscriminately or for no credible reason at all, but it is a fact that a lot of illegal drug-deals are set-up and made over cell-phones. Giving police officers at least some power to look at them, especially if the officer has probable-cause to suspect or has observed a drug-deal and is seeking verification, can be a great aid to law-enforcement.
Last edited by mmarshall; 04-20-11 at 09:55 AM.
#13
I agree that cell-phone data should not be searched or retrieved just indiscriminately or for no credible reason at all, but it is a fact that a lot of illegal drug-deals are set-up and made over cell-phones. Giving police officers at least some power to look at them, especially if the officer has probable-cause to suspect or has observed a drug-deal and is seeking verification, can be a great aid to law-enforcement.
#14
Let's say I'm Jay Walking, (Minor Infraction) and the citing officer ask's me to surrender my cell phone for inspection utilizing the aforementioned device. Don't you think there's going to be a big problem in that occuring without backup? And why hasn't that happened already! Do you mean that all of those drivers surrendered their phones without a demonstration of any kind?
And this supposedly started in 2008! C'mon somethings fishy here!
And this supposedly started in 2008! C'mon somethings fishy here!
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