Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors

This is a discussion on Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The American Civil Liberties Union of Michigan wants more information about how Michigan State Police troopers are using devices known as cellular data extractors to ...

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Thread: Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors

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    Senior Member Array Chad Rogers's Avatar
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    Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors

    The American Civil Liberties Union of Michigan wants more information about how Michigan State Police troopers are using devices known as cellular data extractors to retrieve information from a citizen's mobile device during a traffic stop without their consent.

    Police Magazine

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    Senior Member Array Chad Rogers's Avatar
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    The manufacturer's web site would seem to indicate there needs to be a cable connection between the cell phone and the Cellebrite gizmo:

    http://www.cellebrite.com/images/sto...%20ENGLISH.pdf

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    Senior Member Array justherenow's Avatar
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    In Ohio they better have a warrant to search or gather data from a cell phone, that was an issue our state supreme court decided.

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    Quote Originally Posted by Chad Rogers View Post
    The manufacturer's web site would seem to indicate there needs to be a cable connection between the cell phone and the Cellebrite gizmo:

    http://www.cellebrite.com/images/sto...%20ENGLISH.pdf
    I don't think this OP was concerned with the technical issue. There is a significant legal issue here about what constitutes a search, what may be searched, and when. The how is irrelevant.

    There is a phrase in the 4th about being secure in your papers and effects. Well, nowadays our "papers" and "effect" are our smart phones. The 9th screwed up recently on this one, but their ruling applies only to their circuit. The ACLU is more than justified in its concern about this practice.

    Suppose for example you are a physician or attorney, a priest or a minister, with legally protected material on that smart phone, and suppose Johnny Law gets a look at that and jeopardizes a case or learns something about his mother's health he shouldn't know. Is that right? And what about identity theft when the info is downloaded and looked at? Just to get it in perspective, oh yes, LEOs are ALWAYS good and honest people. My newsy today reported that a Sheriff in MO, someone earning 300 K plus a year, was busted for Meth. There is evidence he turned a blind eye to most meth production and distribution in his area. Do you really want the guy who stops you for a traffic infraction to go fishing in your stuff? What if it was that Sheriff?
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    I might see justification for using such a device if someone has been arrested and charged with a crime but until that happens get a warrant.
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    Ex Member Array JOHNSMITH's Avatar
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    In CA, they don't need a warrant. If you don't have a passcode set on your cellphone, they can "search" it to their hearts content. Doesn't make sense, considering that leaving my home door unlocked doesn't give any LEO the right to do a no-knock entry and search whatever he wants to. He still needs a warrant.

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    Senior Member Array SARR001's Avatar
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    I have nothing to hide, but my phone has a lock screen and I am opening it for no one. If the LEO has cause to believe I have evidence of a crime in my phone, he can get a warrant. In my opinion, that is a violation of my 4th Amendment rights.
    "Life's tough......It's even tougher if you're stupid." -John Wayne

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    The article doesn't make any claim of misuse, it says the ACLU wants to know the MSP procedures & policy for use.

    For a Trooper or Officer to use such an instrument either (usually written) permission or a warrant would need to be had, barring exigent circumstance.
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    If they looked at all the stuff on my phone they would actually feel sorry for my lack of friends and social activities
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    This has nothing to do with self defense, so it does not belong here. The same thing is already running in a more appropriate forum.
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