Just some of the stupid things I see

No doubt, and I agree with y'all completely. In the case of a fatal accident, a driver's cell phone records can certainly become a source of damning or exculpatory evidence. However, that's not what is the case here.

The issue is how the Michigan State Police are using these devices to download motorists cell phone data. For three years the ACLU has pursued this issue while the MSP has stonewalled them on their use. The 10th Circuit Court in a MN case recently upheld the 4th amendment rights of truckers despite the fact that we are in a highly regulated industry. This case brings up the suspicion that the MSP is routinely violating motorists rights.

You're not going to tell me that the cops are lilly white - especially when all they have to do is simply say that "we respect the rights of all citizens in respect to searches of their cell phones," now are you?

http://http://www.thenewspaper.com/news/34/3458.asp

Michigan: Police Search Cell Phones During Traffic 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.

"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.

 

That is the kicker there. If they are using them properly, then why are they trying to charge over half a million dollars for that information? You don't use those tactics if you have nothing to hide. And these are the guys with the stupid fatigue tests that were ruled illegal yet they continue to run them. They deserve no trust.

 

*snort!*

Copy documents my cute behind!

They can securely email them at a cost of ....what... $15.00 to pay for that clerk's one hour of time?

Please! This is a stonewall job. Nothing more.

 

Really? Did it cost you .40 cents to "print" that?

 

Why is it that so many so called conservative types bag on the ACLU ......until they defend an issue they feel worthy?

What about the alcohol detection flashlights?

Truckers are up in arms with the cell grabbers because they might get busted being less than honest on their logs. Nothing more.

 

MODOT was demanding that drivers bring their cell phones in for inspection along with logs last year.

Did ya open a text message to take a quick peek at something while rolling down the road? There's a hefty slice of revenue if you're placed in motion while doing that. The iPhone "geotracking" just makes it easier to get busted.