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4th Amendment Erosion
Flopping Aces ^ | 04-22-11 | CJ

Posted on 04/22/2011 5:24:57 PM PDT by Starman417

Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
-Benjamin Franklin, Historical Review of Pennsylvania, 1759

A couple of days ago, I read an article about how police in Michigan (go figure) were forcing motorists to surrender their cell phones upon being detention for traffic violations. They are using the common tactic that most liberals and anti-constitutionalist morons use that "if you have nothing to hide, you'll do what I ask."

This, of course, is false logic. "If I've done nothing wrong, there is no reason to ask" is the proper approach that citizens should take when asked to waive their 4th Amendment rights at any time, including traffic stops.

The 4th Amendment states unequivocally:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Again, cops would argue that it's "reasonable" to search a cell phone during traffic stops, but the appropriate response is included at the end of their justification: "but upon probably cause." What probable cause do Michigan police have that 1) a crime was committed and 2) that the cell phone will provide evidence of that crime?

According to the article:

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.

(Excerpt)

TOPICS: Gardening
KEYWORDS: cellular; michigan; phone

1 posted on 04/22/2011 5:24:58 PM PDT by Starman417
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To: Starman417
Nice... I could see this used after an arrest,
and appropriate judicial acts,
but a routine traffic stop?

Fast and secure mobile data extraction and analysis from mobile phones and GPS Based on Cellebrite’s expertise in data extraction technology, the mobile forensics products perform both logical and physical data extraction, including recovery of deleted messages and content.

With more than a decade of experience in mobile data technologies, Cellebrite provides the widest coverage available in the market today. The UFED family of products is able to extract and analyze data from more than 3000 phones, including smartphones and GPS devices.

Designed for portability, the Cellebrite UFED solution is a stand-alone device that can be used either in the field or at the lab.

The most complete mobile forensics experience, Cellebrite's UFED is in use at military, law enforcement, and government agencies across the world.

2 posted on 04/22/2011 5:44:47 PM PDT by HangnJudge
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To: HangnJudge
This makes me want to gut a cell phone, put in some circuity capable of producing a few thousand volts and then let the cops hook it up to their little spy-box.
3 posted on 04/22/2011 5:48:10 PM PDT by KarlInOhio (Extremism in the defense of liberty is no vice! Tea Party extremism is a badge of honor.)
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To: Starman417

Want to see this stop? Just have all of the smartphone sales cease. Let millions of people say screw it to the phone and computer companies, and buy trakphones or go witout, and you’ll see those cops arrested by the end of the week, and the Governor whipping himself in public, asking for forgiveness.

That’s reality.

(It’s also reality that it won’t happen.)

4 posted on 04/22/2011 6:12:24 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
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