Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Michigan: Police Search Cell Phones During Traffic Stops
THE NEWSPAPER ^ | April 20, 2011 | swampsniper

Posted on 04/20/2011 6:49:30 AM PDT by SWAMPSNIPER

I don't know anything about this source but this sounds credible.

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.

(Excerpt) Read more at thenewspaper.com ...


TOPICS: News/Current Events
KEYWORDS: cellphone; police; search; thinblueline

1 posted on 04/20/2011 6:49:32 AM PDT by SWAMPSNIPER
[ Post Reply | Private Reply | View Replies]

To: SWAMPSNIPER

“I do not consent to that search.”

Ya gotta tell them.


2 posted on 04/20/2011 6:52:48 AM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SWAMPSNIPER
I've seen several stories on this, and I don't think I've seen anyone say Why the police are doing this.

Drug crimes?
Terrorism?
Texting 30 seconds before they got pulled over?

I don't think there is a "good reason" and I 100% oppose the police invading privacy like this. I just find it especially chilling that they seem to be doing it "just because they can".

3 posted on 04/20/2011 6:55:04 AM PDT by ClearCase_guy
[ Post Reply | Private Reply | To 1 | View Replies]

To: SWAMPSNIPER
Because somebody has to do it - http://www.freerepublic.com/focus/f-news/2707517/posts
4 posted on 04/20/2011 6:55:25 AM PDT by Titus Quinctius Cincinnatus (What if God doesn't WANT the Gospel rescued from fundamentalism?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yldstrk
“I do not consent to that search.”

Would "Get a !#*@% warrant" work?

5 posted on 04/20/2011 6:57:13 AM PDT by tbpiper
[ Post Reply | Private Reply | To 2 | View Replies]

To: yldstrk

You are correct, refuse consent period.

If they threaten arrest for obstruction or some other crap, demand it and sue them into oblivion.


6 posted on 04/20/2011 6:58:37 AM PDT by Ouderkirk (Democrats...the party of Slavery, Segregation, Sodomy, and Sedition)
[ Post Reply | Private Reply | To 2 | View Replies]

To: tbpiper

If you don’t object, the po po will say you implied your consent.

Any search by consent is valid. So, you gotta say: “I do not consent to that search.”


7 posted on 04/20/2011 6:59:43 AM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SWAMPSNIPER

Basic rules with Police
1. Don’t talk to them under any circumstances and never answer questions

http://kingcorey.com/2008/12/dont-talk-to-police-ever-ever-ever-ever-ever/

2. Don’t consent to any searches without a warrant
3. Don’t allow them on your property without a warrant


8 posted on 04/20/2011 7:04:55 AM PDT by King_Corey (www.kingcorey.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: King_Corey

That is right.

Anything they get can AND WILL be used against you.

Here’s something to say to give you something to say if they’re hounding you: “I got nothing to say.”


9 posted on 04/20/2011 7:07:06 AM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 8 | View Replies]

To: yldstrk

I would preface that statement with, “Am I under arrest?”


10 posted on 04/20/2011 7:11:08 AM PDT by Cletus.D.Yokel (Islam is a violent and tyrannical political ideology and has nothing to do with "religion".)
[ Post Reply | Private Reply | To 2 | View Replies]

To: yldstrk

I’m not sure that anything like “implied consent” exists with police searches. Unless you AFFIRM their request to search, it’s invalid.


11 posted on 04/20/2011 7:12:09 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 7 | View Replies]

To: King_Corey

I knew a very high paid and sought out defense attorney long ago. In his office, behind his desk, he had a huge marlin with a sign under it which read, I would not be on this wall if I did not open my mouth.

I was directed to it while asking him if his client would consent to an interview. He added, my client is not going to concent to the interview, he is not going to say anything and I guarantee, he is not going to jail...good bye.


12 posted on 04/20/2011 7:14:58 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
[ Post Reply | Private Reply | To 8 | View Replies]

To: King_Corey

I used to be a huge supporter of LE, and still do support them, but no longer give them my trust. I now see them as an important, but overbearing unionized agent of an out-control government. They will arbitrarily chew up the guilty and innocent alike.


13 posted on 04/20/2011 7:16:00 AM PDT by catbertz
[ Post Reply | Private Reply | To 8 | View Replies]

To: SJSAMPLE

You trust them a lot more than I do.

If the cop takes the phone and starts flipping through the massages, (not hooked up to this machine) you gotta say “I do not consent to that search.” Do you really think he is gonna check with you first?


14 posted on 04/20/2011 7:21:31 AM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 11 | View Replies]

To: SWAMPSNIPER

Criminals already have some devices like this and are cloning peoples’ phones and making international calls. Been there and had that happen to me already. Especially vulnerable are those who work in retail. They can stand near you and get your phone data.


15 posted on 04/20/2011 7:34:40 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: catbertz
Me too. I raised my kids to trust law enforcement and now I tell them “Keep your mouths shut, and give them NO information!”
16 posted on 04/20/2011 7:37:55 AM PDT by ladyvet ( I would rather have Incitatus then the asses that are in congress today.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: catbertz
re: huge supporter of LE, and still do support them, but no longer give them my trust

I share your stand on this. And that's sad because I have a son who a uniformed deputy sheriff here in Florida, as well as a son-in-law who is also a sworn deputy.

Sadly we have come to the point where the citizen is in the middle with criminals who want to rob or otherwise harm you and law enforcement whose job is to find a criminal for every crime.

It's become a form of double jeopardy. First when you are accosted by the criminal and then again when you have to deal with those who are supposed to sort it all out.

I make it a point to steer clear of officers. Time was I truly enjoyed engaging them in conversation and expressing support and appreciation for what they do, but now I find so many of them to be difficult to talk with and so I just avoid them.

17 posted on 04/20/2011 7:51:37 AM PDT by jwparkerjr (I would rather lose with Sarah than win with a RINO!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: catbertz

“I used to be a huge supporter of LE, and still do support them, but no longer give them my trust. I now see them as an important, but overbearing unionized agent of an out-control government. They will arbitrarily chew up the guilty and innocent alike.”

What? How can you support them w/o trust? Just curious...seems illogical to me.


18 posted on 04/20/2011 7:57:34 AM PDT by 556x45
[ Post Reply | Private Reply | To 13 | View Replies]

To: ClearCase_guy

ACLU fishing expedition using made up charges.

Not backed by ANY citizen complaints.


19 posted on 04/20/2011 8:03:28 AM PDT by G Larry
[ Post Reply | Private Reply | To 3 | View Replies]

To: SWAMPSNIPER

bfl


20 posted on 04/20/2011 8:09:59 AM PDT by pigsmith
[ Post Reply | Private Reply | To 1 | View Replies]

To: yldstrk
Not a matter of trust.
As they say, "If you don't know your rights, you don't have any."

If you don't object to a search, that doesn't make a search legal. It's 100% up to the cop to know AND FOLLOW the law, not the citizen to inform them. Any sufficiently "dedicated" cop is going to claim that you consented anyway.

Certainly, I'd agree that voicing your rights ("I do not consent to that search.") is logical and advisable, but the lack of such a declaration carries no weight in court.
21 posted on 04/20/2011 8:29:35 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 14 | View Replies]

To: yldstrk

Also, one of my favorite sites:
http://www.fourthamendment.com/blog/

A very good source of information for the citizen dedicated to knowing and enforcing their Constitutional rights.


22 posted on 04/20/2011 8:32:05 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 14 | View Replies]

To: 556x45

It’s awkward to have dueling impressions. I support them when they defend against the legitimate criminal element, but I no longer trust them, as they increasingly represent stealth tax collectors, militarized governmental gangmembers and capricious thugs. I expect that most are still good, sensible people, but I’m not willing to roll the dice.


23 posted on 04/20/2011 8:33:31 AM PDT by catbertz
[ Post Reply | Private Reply | To 18 | View Replies]

To: SWAMPSNIPER

If they start this nonsense in Ohio,I’ll make sure that I always have a large cup of Cola in the cupholder.If they ask for my phone,it’s going in the cup.


24 posted on 04/20/2011 9:09:06 AM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
[ Post Reply | Private Reply | To 1 | View Replies]

To: G Larry
And your point?
25 posted on 04/20/2011 9:15:13 AM PDT by starlifter (Pullum sapit)
[ Post Reply | Private Reply | To 19 | View Replies]



From sea to shining sea
FReepers love Free Republic


Give what you can afford

Or sign up to donate monthly
and a sponsoring FReeper will donate $10

Urgent: Save Lazamataz! Donate today

26 posted on 04/20/2011 9:15:23 AM PDT by TheOldLady
[ Post Reply | Private Reply | View Replies]

To: SWAMPSNIPER

how about lawyer’s phones? client data and emails and txt msgs there.

how about judges?

how about reporter sources?

how about someone who is just anti-union?

police aready record license plates of groups they don’t like.


27 posted on 04/20/2011 9:19:43 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yldstrk
I heard that Apple has a file on th iPhone that keeps a record of everwhere(lat.&long.) you've been. And you can't turn the function off.
28 posted on 04/20/2011 9:48:20 AM PDT by tbpiper
[ Post Reply | Private Reply | To 14 | View Replies]

To: yldstrk
I heard that Apple has a file on th iPhone that keeps a record of everwhere(lat.&long.) you've been. And you can't turn the function off.
29 posted on 04/20/2011 9:48:30 AM PDT by tbpiper
[ Post Reply | Private Reply | To 14 | View Replies]

To: catbertz

LOL, honest answer, very good! :) Thx! BTW I suspect them all and would never assume they’re OK.


30 posted on 04/20/2011 9:49:24 AM PDT by 556x45
[ Post Reply | Private Reply | To 23 | View Replies]

To: yldstrk

“Any search by consent is valid. So, you gotta say: “I do not consent to that search.””

That is false. Not knowing the cops are performing a search is not consent. Second, you do not need to tell them you are asserting your rights for those rights to be protected.


31 posted on 04/20/2011 10:32:33 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: CodeToad
Failure to object to a search can imply consent. Unless you're a top notch criminal defense attorney the rule is to always object to any kind of search that you do not wish to consent to.
32 posted on 04/20/2011 10:38:56 AM PDT by free me (Sarah Palin 2012? You Betcha!)
[ Post Reply | Private Reply | To 31 | View Replies]

To: starlifter

My “point” is that I don’t believe the ACLU when they claim these devices are being used in traffic stops.

There are no citizen complaints to back it up.

I believe the ACLU doesn’t like the cops using these in on-going crimnal investigations and they’ve created this strawman to fight it.

This could be a great tool used on VICTIM’S phones, to learn recent contacts and whereabouts.


33 posted on 04/20/2011 11:28:32 AM PDT by G Larry
[ Post Reply | Private Reply | To 25 | View Replies]

To: Springman; sergeantdave; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; ...
Photobucket

MIping

If you wish to be added to or removed from the Michigan ping list, please post or FReepmail me.

34 posted on 04/20/2011 2:29:39 PM PDT by magslinger (What Would Stephen Decatur Do?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: G Larry
There is this...thread with article from the guardian in the UK:

IPhone Keeps Record of Everywhere You Go

35 posted on 04/20/2011 2:31:26 PM PDT by Ernest_at_the_Beach ( Support Geert Wilders)
[ Post Reply | Private Reply | To 19 | View Replies]

To: G Larry

I am a citizen and consider this a complaint. Do you believe you are the property of the government?


36 posted on 04/20/2011 2:52:28 PM PDT by nickcarraway
[ Post Reply | Private Reply | To 19 | View Replies]

To: nickcarraway

Have some coffee and pay attention!

The only folks claiming the cops are doing this are the ACLU!

For some reason, I don’t believe them.
Perhaps it is because no individual citizen has complained that cops have used this device on their cell phone?

Get it?


37 posted on 04/20/2011 4:45:20 PM PDT by G Larry
[ Post Reply | Private Reply | To 36 | View Replies]

To: Ernest_at_the_Beach

Yes....that’s an Apple problem, not a cop violating your rights.


38 posted on 04/20/2011 4:47:41 PM PDT by G Larry
[ Post Reply | Private Reply | To 35 | View Replies]

To: CodeToad

I totally agree on “not knowing they are performing a search” but not on the rest.


39 posted on 04/20/2011 7:46:43 PM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 31 | View Replies]

To: SJSAMPLE

I suppose that would depend on the Court and the roll of the dice and if someone can afford representation.


40 posted on 04/20/2011 7:49:55 PM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 21 | View Replies]

To: SWAMPSNIPER

China: Beijing to Track People’s Movements via Their Mobile Phones
http://www.freerepublic.com/focus/f-news/2683459/posts


41 posted on 04/29/2011 6:51:22 PM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson