Outrageous......and UNconstitutional............
Posted on 04/20/2011 6:05:29 AM PDT by Red Badger
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.
Outrageous......and UNconstitutional............
I wonder what kind of virus protection it has.....
Their knickers are in a twist over the iPhone apps that identify locations of DUI checkpoints.
If your cell phone is under the seat, how do they get it?
Probably none...............
Same way they find that 10 year old roach under your seat...............
“... to encourage citizens to cooperate if they have nothing to hide”.
Don’t know about anyone else but that phrase scares the dickens out of me.
So they are raping our cell phones...
Worked every time.
I suspect this is totally unconstitutional. I’ll bet they are getting voluntary compliance from the ignorant public. All you have to do is REFUSE. Why should you have to LIE?
1. Refuse to answer as to whether or not you even have such a device.
2. If you have already said, yes, then refuse to allow the LEO to look at or examine your communications device. They have no right to do so.
REFUSE TO BE INTIMIDATED.
S.N.U.U.
Situation Normal, Utterly Unconstitutional.
“There was a time when “None of your business” was a valid response”.
Agreed. Now we are becoming a country where you have to relinquish privacy and if you question that, you have something to hide. If you give up rights, then you are a “good” person with nothing to hide. I guess it is just assumed, that law enforcement can search your home without a warrant and you will give permission “unless” you have something to hide? Upside down, if you ask me.
What’s the ACLU doing about TSA?
So, now the first thing you do when you see red/blue flashing lights in your mirror and hear a siren, is turn off your cell phone. Wouldn’t they need a warrant to make you turn it back on?
And yes, I have nothing to hide, but get the warrant anyway, officer.
More than Michigan. However, probably not used as often, or for the reasons that many here suspect. I do know that Ft. Worth police used some sort of technology to ascertain that a teenage girl was indeed texting when she caused a near fatal accident.
I have a phone that is a phone only. No bells or whistles. It would probably piss them off IF I allowed them to use their device on it. I wondering, though, when did police go from being peace officers to becoming
law enforcement officers?
This is typical donut muncher c@#p.
Just say loudly so your phone recorder can hear what you say. .
Here’s my name,drivers license and registration.
I do not consent for you to search.
Am I free to go or are you holding me?
Don’t get mad, or scream or get in his grill. Or spout off about your rights.
If you are holding me I want to speak to my attorney, then just shut up.
http://www.youtube.com/watch?v=yqMjMPlXzdA&feature=youtube_gdata_player
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