Michigan State Troopers Downloading Motorist Cell Phone Data During Routine Stops

Michigan State Troopers Downloading Motorist Cell Phone Data During Routine Stops
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.


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SharkPhiSharkPhi - 4/19/2011 12:04:43 PM
+7 Boost
Wow, as an attorney, I can say that this device scares me. While I understand and appreciate its application in criminal investigations, I agree with the ACLU that it can quietly violate the Fourth Amendment when a police officer "politely suggests" that a citizen comply "if they have nothing to hide". What happens when a downloaded previously deleted text is taken out of context?

While I can envision a response of "if you aren't doing anything wrong, you shouldn't have a problem"...but what about someone else sending you a text regarding illegal activity, thus implicating you in the matter?

This is bad.


Agent009Agent009 - 4/19/2011 12:44:20 PM
+2 Boost
Or even is simply joking...


Agent009Agent009 - 4/19/2011 1:15:55 PM
0 Boost
I would also assume if you decline they can then assume "just cause" and search anyway?


SharkPhiSharkPhi - 4/19/2011 1:23:25 PM
+5 Boost
No, in a case where a police officer has no probable cause to make a search, denial of a request does not give one "just cause" to conduct a search. Not to say that it doesn't happen...but a denied request for a cursory search does not, in and of itself, give an officer reason to conduct a warrentless search.


TarzanTarzan - 4/19/2011 2:10:47 PM
+11 Boost
Is there any way to install a virus into the police's cell ph scanner device? ooops


g2okg2ok - 4/19/2011 6:20:37 PM
+6 Boost
I like your deviant mind...


truckmantruckman - 4/21/2011 5:08:16 AM
+1 Boost
Its the Democrats too, and If I were American I would be a Democrat, the corruption is so deeply entrenched in America it no longer matters what party you vote for, they are controlled by corporate America, even the President has little power, watch Michael Moors film, " Capitalism a Love Affair" he is relatively accurate here, much more that the Bowling for Columbine.


internationalmanofmysteryinternationalmanofmystery - 4/20/2011 9:01:11 AM
+2 Boost
PUBLIC SERVICE ANNOUNCEMENT

For all concerned, your device/phone has to be connected to the UFED. The retrieval of your private, personal data is NOT done wirelessly (that would be truly scary)! That means YOU would have to surrender your phone or other device to law enforcement for them to peruse your private information.


LACMANLACMAN - 4/20/2011 12:12:14 PM
+2 Boost
In this day in age, I wouldnt be suprised if you were wrong...


LACMANLACMAN - 4/20/2011 12:14:15 PM
+1 Boost
*surprised


internationalmanofmysteryinternationalmanofmystery - 4/20/2011 9:05:53 AM
+2 Boost
And as my learned colleague wrote earlier, your refusal to surrender such a device on a routine traffic stop, for example, does not give law enforcement PC (probable cause)


LauderdaleDriverLauderdaleDriver - 4/20/2011 7:50:04 PM
+3 Boost
Amazing. Hard to argue with the ACLU on this one. My phone's memory knows me better than my mother, and probably better than me.


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