MI State Police not messing around...
 

I just read this article. Quite interesting. What are your opinions on the use for it and in regards to our rights?

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

I think it's a handy tool which, when used in conjunction with the proper warrants, could help law enforcement a ton. If they are using such an extraction device without warrants, though...I mean, if they pull me over for speeding, why do they need all the info from my phone?

Interesting article.....

Wondering......the picture in the upper right displays a devise and a cell phone CONNECTED to it. If this is the actual devise, and it is necessary for a physical connection, I would say it is a violation of ones 4th Amendment. How does the LEO gain access to the phone, which is located on your hip? It's not a weapon....seizure is not necessary for the protection of the officer.

Now if it removes the data from the phone through "air transmission"....MAYBE that would be allowable.....since they are free (accept where prohibited by law).

Maybe our resident attorney has a comment.

I remember way back, law enforcement had a 2 suit case devise, that could listen in on conversation of any room that had a land line telephone (great for drug enforcement). It just rang the phone once and without anyone picking up, the phone was turned into a microphone for the room.

Eventually, the courts found this illegal.

That's some crap. Why on earth would they possibly need to search a phone? The only reason I can think of, is checking for txt'ers. Check the time on the last txt to see if they were doing so while driving...

Doesn't effect me directly, because I don't and won't own a cell phone...... But this is an invasion of privacy unless there is a warrant. A warrant is impossible during a typical traffic stop. If they use this gadget on "Bob" because he has a burned out tail light, the cops are invading his privacy....... Last I checked that's illegal but they change those rules like most people change socks.

I don't know MI law or if texting while driving is legal or not, but I'm willing to bet this is exactly what it is used for.

It is illegial in GA to text and drive, a device like this would be handy when those are pulled over under suspect of texting while driving, and of course the driver denies it.

The rest of the complaint from the ACLU looks like tin hat matierial IMO. I find it hard to believe they would download my pics, and if they did, they would get a lot of various family shots and the occasional car shot.....:lol:

Well that Rob, and if they feed an excuse to the officer about not txting and driving, the onboard gps records location, time, and possibly speed, so he can get them with a lying to a LEO ticket too. Or Obstructing Justice..

Seems to me there would have to be limitations attached to the use of the device. Someone perhaps 'looking down' while driving as seen by a LEO could end up being simply a long glance at the stereo. I see the possibility of a lot of abuse of this device.

Don't get me wrong. I'm in auto insurance claims, and I know that texting while driving ("TWD") is a BIG problem. In fact, my own daughter caused an accident that resulted in injury and a total insurance expense of $28,000 or so, just by fiddling with her I-pod instead of paying attention to the traffic.

If the LEO suspects a driver has been TWD or on the phone, what other way is there for him to 'prove' his suspicions? Is his observation in and of itself 'probable cause' for use of the device?

Seems the courts would have to be able to give a blanket approval of the use of the device, but you can be sure there are going to be lawyers involved.

Texting while driving IS illegal in Michigan. I'm guessing this is just to catch texters......:roll:

I'm interested in knowing what would occur to those that deny the LEO their cell upon request.

Later
Allex

I dare an officer try an purloin my information. Its mine, I own it. I might as well let them read my personal email.

Not without a warrant.

If this is legal, so should bittorrenting be

Well the Michigan legislature seems to think they can do whatever they want....especially now since our new wonderful Governor is in charge....:roll: They have no regards to the Constitution.

Sounds like about as "unreasonable" as possible to me. They must get a court order to search your home telephone records, why would this be any different?

By downloading whatever is on a phone, they may be violating copywrite laws for any music or media that has been put on the smart phones files.

TWD is illegal in Cincinnati (Hamilton County) for sure, not so sure about the rest of the state. That's still the only use I can think of for it.

Precisely.

Can I?

No

unreasonable search

invasion of privacy - MYOFB

Get pulled over = turn your phone off and just say no

Rights - smights, we gave them up a long time ago. The PTB will do what they want, when they want and where they want. Most will go along with anything the LEO says because he is the LAW. Sadly we have become a nation of sheeple and I see little in the way of anything changing that.

"Those who would trade liberty for security deserve neither"
Paraphrasing Ben Franklin

"Law enforcement officers are known, on occasion, to encourage citizens to cooperate if they have nothing to hide" - dam poor excuse to cooperate with the Law.

Exactly.....once you become part of a nation of sheep you're Flocked up my friend

Looks to be a cable connection between the phone and the device, so my guess is they have to ask you for your phone. Now if you hand it over voluntarily your'e giving them permission to search. On the other hand if you refuse, they assume you are hiding something and drag your a$$ in! Either way you are screwed my friends....

Agreed... Get a warrant.. Big Brother taking another step.

Here's a link to the FULL article I found on the web today.


http://redtape.msnbc.msn.com/_news/2...ell-phone-data

Nice link Allex.

They got those in 2005/2006, so I doubt that still applies. Further, the entire MSP only had like 6 of them.

The older I get, the more I view the police as the enemy. I 50+ years old, pay my taxes and have a clean record including my drivers license, so this is not resentment due to some lame experience with them. It is due to observation. They have waged war on good citizens, because good citizens are an easy target for them to manipulate. And it's also a crime to be DWY (driving while young). Many of the good kids around my area are harrassed because these thugs in blue disguise know that they can intimidate a good kid. My son wanted to be a cop, but has lost the desire because he does not want to be part of this and I don't blame him. It really pisses me off that the good people of our neighborhood have to pay their taxes only to be harassed by the police who are too cowardice to go after the violent crimes and drug related gangs in the dangerous part of the city. :usa:

What really irks me is the fact that they don't need to follow the laws. About a week ago, an officer was killed in a single car crash late at night a few miles from my house. He was going to a call for backup to pull a car over in another town. They figure he was going over 100mph on a rural road, and lost control flipping several times. He was ejected because he wasn't wearing his seatbelt and killed. First of all, there was no need for him to be going that fast. Not an armed robber in progress going on... The road he was on was a straight road, and the road was dry, so conditions were good. It's unclear why he lost control of the cruiser. No one knows if he would have lived had he been wearing his seatbelt though.

And, to top it all off, the guy who was getting pulled over they needed assistance with is being charged with manslaughter. That is ridiculous. It's not that guys fault that the cop was using VERY poor judgment and breaking the law. I just hate how they feel that they are above it. Had that been me, driving at 1am and getting killed, they'd probably send a ticket to my parents since I wasn't wearing a seatbelt.

FWIW in the case of the officer killed in the single car accident, although it seems he was in the wrong, don't be so quick to judge. I have been told by my friends on the force that when a call comes through for "officer needs assistance" its a case of react first, then when things are all done they think about how they reacted and why. Quite a few officers I know are in the habit(a bad one if you ask me)of not wearing seat belts because they get "tangled" in their duty belts.

That's still no excuse. I can be running late for work, doesn't make a case if I get pulled over not wearing a seatbelt. Also, he knew what the call was going out for. This wasn't in some big city with high crime. Small country town for a traffic stop. No reason to be going that fast.

Small town cop with a traffic stop it might have been, but remember that traffic stops can go bad in a hurry and many officers have paid the ultimate price. Officers don't call for backup just for giggles, they do it because they perceive a reasonable threat and thereby feel justified in calling in backup. A bad guy with a gun hidden under the seat will kill you just as dead in Podunkville as he will in New York City, criminals are criminals no matter where they are. Maybe the officer was in violation of procedures when he tore off unbelted and speeding, but I've seen the "red mist" that takes over in a situation like that first hand.

Yeah, well I know plenty of cops who are just plain old dicks, and that's what this guy was. Again, no reason to be going that fast without a seatbelt on. I don't care what you say, there was NO reason.

If I was all excited because I was heading to get some "action" forgot to put my seatbelt on and was killed, does that make it right? Well, my mind was preoccupied? No! That doesn't make a difference. There are still laws, and the police need to follow them like everyone else. NO EXCEPTIONS!