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(Police State Alert) ACLU: Michigan cops stealing drivers' phone data (at routine traffic stops)
CNET.com ^ | 4/19/11 | Matt Hickey

Posted on 04/21/2011 6:41:17 PM PDT by Do Not Make Fun Of His Ears

(Credit: Matt Hickey/Cellebrite) The Michigan State Police have started using handheld machines called "extraction devices" to download personal information from motorists they pull over, even if they're not suspected of any crime. Naturally, the ACLU has a problem with this.

The devices, sold by a company called Cellebrite, can download text messages, photos, video, and even GPS data from most brands of cell phones. The handheld machines have various interfaces to work with different models and can even bypass security passwords and access some information.

The problem as the ACLU sees it, is that accessing a citizen's private phone information when there's no probable cause creates a violation of the Constitution's 4th Amendment, which protects us against unreasonable searches and seizures.

To that end, it's petitioning the MSP to turn over information about its use of the devices under the Freedom of Information Act. The MSP said it's happy to comply, that is, if the ACLU provides them with a processing fee in excess of $500,000. That's more than $100,000 for each of the five devices the MSP says it has in use.

(Excerpt) Read more at m.cnet.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Michigan
KEYWORDS: constitution; fourthamendment; privacy; smartphone
George Orwell was an optimist. Unless we fight, kiss your freedom goodbye.
1 posted on 04/21/2011 6:41:27 PM PDT by Do Not Make Fun Of His Ears
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To: Do Not Make Fun Of His Ears

How are they even getting their hands on the phones unless they’ve been pulled over for talking on them while driving?


2 posted on 04/21/2011 6:46:55 PM PDT by OldNewYork (social justice isn't justice; it's just socialism)
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To: Do Not Make Fun Of His Ears
Demand a search warrant...


3 posted on 04/21/2011 6:48:30 PM PDT by darkwing104 (Lets get dangerous)
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To: Do Not Make Fun Of His Ears

Wait till they try to get data from my cell phone.


4 posted on 04/21/2011 6:48:58 PM PDT by Nuc 1.1 (Liberals aren't Patriots. Remember 1789!)
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To: OldNewYork

You can’t be serious.


5 posted on 04/21/2011 6:49:40 PM PDT by Do Not Make Fun Of His Ears ("We must have universal healthcare...I'm a liberal on this one." - D. Trump, "America We Deserve")
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Comment #6 Removed by Moderator

To: darkwing104

Course, while the cop is standing there and downloading all this data on his fancy machine....the driver has another collection device near the cop’s pocket where his billfold is....and is stealing his credit card numbers. Tonight, the cop finds out that all his credit cards have been accessed. The world is cruel all the way around.


7 posted on 04/21/2011 6:57:48 PM PDT by pepsionice
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To: F15Eagle

I was thinking the same thing.

The ACLU is the enemy 99% of the time; this is a 1% time.


8 posted on 04/21/2011 6:58:17 PM PDT by GOPsterinMA (Some men DO just want to watch the world burn.)
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To: Do Not Make Fun Of His Ears

I wonder what the MSP do to the motorist if he refuses to hand over his phone? Yes the person has to hand over the phone for them to get the data. How much, and what type of, intimidation is the motorist subjected to?

“Gee sir, I’d like to download all of your private data from your phone, but shucks, if you don’t want to give me your phone (along with a lot of info that is none of my business) I’m cool with that”.

BS. If they are getting access to these phones, they’re not getting it by politely asking.


9 posted on 04/21/2011 6:59:51 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: Do Not Make Fun Of His Ears; OldNewYork
You can’t be serious.

No I'm sure he is... far too many Freepers and Conservatives alike are just plain ignorant to the methods and techniques that law enforcement in this country use each and every day to violate our rights under color of law.

Sadly it'll take them becoming victim of the police state before they wake up to the obvious that's been going on right under their noses for far too many years.

10 posted on 04/21/2011 7:00:55 PM PDT by The Magical Mischief Tour (With The Resistance...)
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To: F15Eagle
I don’t say this too often but I agree with the ACLU on this one.

And that should be the wake up call to every Freeper and every Conservative, to just how far from the pack law enforcement has strayed in this country.

11 posted on 04/21/2011 7:02:31 PM PDT by The Magical Mischief Tour (With The Resistance...)
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To: F15Eagle

People, please contact the ACLJ when things like this happen. The communist ACLU only uses obvious cases like this to claim credibility when it later brings its radical cases on behalf of marxists, drug dealers, muslims, etc.


12 posted on 04/21/2011 7:03:35 PM PDT by Defiant (When Democrats lose voters, they manufacture new voters instead of convincing the existing voters.)
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To: FReepers
We Can Do This

Become A Monthly FR Donor

13 posted on 04/21/2011 7:06:18 PM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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Comment #14 Removed by Moderator

To: Defiant

Have you contacted them? Where are they, defending us from this?


15 posted on 04/21/2011 7:08:02 PM PDT by Do Not Make Fun Of His Ears ("We must have universal healthcare...I'm a liberal on this one." - D. Trump, "America We Deserve")
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To: Nuc 1.1

I feel kinda the same way. I live in a dead zone. I carry a cell phone to call for a tow truck if my vehicle breaks down. Nothing to see or hear. I can’t remember when I used it the last time.


16 posted on 04/21/2011 7:09:00 PM PDT by Sunshine Sister
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To: Do Not Make Fun Of His Ears
Yeah, let's single out the one bad apple out of 50. I demand we hear about the other 49 state police departments that are NOT doing this!

/s

17 posted on 04/21/2011 7:33:18 PM PDT by Ken H
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To: Ken H

One Police Department doing this, is too many.


18 posted on 04/21/2011 7:36:53 PM PDT by Husker24
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To: Husker24

This is just plain laziness on the part of State Troopers. Judges and Magistrates are available in person or by fax for search warrants.


19 posted on 04/21/2011 8:20:31 PM PDT by healy61
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To: Husker24
The State Police insist that this story is way overblown. The devices are not on the road but are kept in one of the posts. There are around 75 posts so this covers only a small portion of the station.
MSP states that they have never used the devices except under a search warrant or consent. The devices are not on patrol.
The high FOIA fees are probably due to the quantity of documents requested. Michigan law states that an hourly rate of the LOWEST paid employee who has access to the material requested PLUS copying costs. All this information has to be published. Ex: 10cent per page.
Other than that: I disagree that MSP should be able to download data from simple traffic stops and based on consent. However, it should be permitted if it is based under a search warrant and/or consent. The FOIA request is a fishing expedition that was fizzling out so the ACLU pushed it public to create the current controversy.
20 posted on 04/21/2011 8:21:44 PM PDT by midcop402
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To: Do Not Make Fun Of His Ears

Interesting juxtaposition.
Same day revealed the iPhone keeps detailed long-term records of where it’s been - useful for, say, estimating travel speed and noting questionable locations.


21 posted on 04/21/2011 8:23:00 PM PDT by ctdonath2 (Great children's books - http://www.UsborneBooksGA.com)
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To: Do Not Make Fun Of His Ears

Interesting juxtaposition.
Same day revealed the iPhone keeps detailed long-term records of where it’s been - useful for, say, estimating travel speed and noting questionable locations.


22 posted on 04/21/2011 8:23:00 PM PDT by ctdonath2 (Great children's books - http://www.UsborneBooksGA.com)
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To: ChildOfThe60s

I wonder if, just maybe, the download is conducted using radio waves? Which cell phones can both transmit and receive?


23 posted on 04/21/2011 8:35:53 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Do Not Make Fun Of His Ears

Some states already obtain and read the on board computer of cars involved in fatal wrecks. These computers store info much like airliner black boxes, including speed, braking, time, gps location, etc.

That some state (or states) are also downloading info from smart phones and such is just a normal extension of the current need to get “all data” relevant to traffic incidents.

Using electronic devices degrades driving skills more than being legally drunk. This is the beginning of a new income stream for the courts and communities. Just looks what they get from “drunk” drivers , it totals thousands of dollars.
Soon there will be a “Mothers against communicating drivers”.


24 posted on 04/21/2011 8:47:10 PM PDT by wrench
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To: midcop402

I’m sorry but police agencies haven’t the best record of honesty. Probably what they can actually do is classified, by reason of national security - and justifiably so, because if the general public learned what they were actually doing, there would be a general revolt.


25 posted on 04/21/2011 9:18:50 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: ctdonath2
the iPhone keeps detailed long-term records of where it’s been - useful for, say, estimating travel speed and noting questionable locations.

If one were going to frequent the areas of town where drugs and prostitution are purchased, it might be prudent to leave the iPhone at the office or at home & carry a throwaway phone at those times. Just saying.

26 posted on 04/21/2011 9:20:04 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: Do Not Make Fun Of His Ears

http://www.freerepublic.com/focus/f-news/2707752/posts
http://www.freerepublic.com/focus/f-news/2707727/posts
http://www.freerepublic.com/focus/f-news/2707608/posts
http://www.freerepublic.com/focus/f-news/2707517/posts


27 posted on 04/21/2011 9:52:40 PM PDT by upchuck (Think you know hardship? Wait till the dollar is no longer the world's reserve currency.)
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To: Do Not Make Fun Of His Ears

It ain’t just the cops...it’s the wivez of the cops too.


28 posted on 04/21/2011 10:01:02 PM PDT by equaviator ("There's a (datum) plane on the horizon coming in...see it?")
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To: OldNewYork

Intimidation and fear


29 posted on 04/22/2011 12:44:46 AM PDT by Oztrich Boy (The urge to save humanity is almost always a false front for the urge to rule.- H. L. Mencken)
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To: Sunshine Sister

Yep. I think I am getting rid of mine. Don’t really need one so why pay for one?


30 posted on 04/23/2011 8:10:00 AM PDT by Nuc 1.1 (Liberals aren't Patriots. Remember 1789!)
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