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Author Topic: Your opionion and feedback requested, Part Deux  (Read 2024 times)

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Offline The Hollywood NeoCon

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Your opionion and feedback requested, Part Deux
« on: April 20, 2011, 05:35:16 PM »
So yet another for your consideration...

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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.

Read more: http://news.cnet.com/8301-17938_105-20055431-1.html#ixzz1K6bZEp46

I'm sorry, but this is total bullshit. If I were pulled over for a speeding ticket, I'd sooner slam my iPhone on the side of the freeway then let him plug it into some convoluted, Skynet-wanna-be piece of Taiwanese shit.

I'll happily wear the steel bracelets and take my chances in court.
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Offline thundley4

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Re: Your opionion and feedback requested, Part Deux
« Reply #1 on: April 20, 2011, 05:39:42 PM »
Yep, it seems to violate the 4th amendment to me.
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Offline RightCoast

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Re: Your opionion and feedback requested, Part Deux
« Reply #2 on: April 20, 2011, 05:47:56 PM »
That's is technology that should only exist to Jack Baur and those like him, maybe senior detectives with a court order. Standard issue beat cops have no need of that capability.
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Offline IassaFTots

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Re: Your opionion and feedback requested, Part Deux
« Reply #3 on: April 20, 2011, 07:16:56 PM »
I will briefly give my opinion.  It is bullshit.  That is all.


Seriously, this should be expected after the Patriot Act.  Give em an inch, they will own that mile sooner or later.
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Offline ExGeeEye

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Re: Your opionion and feedback requested, Part Deux
« Reply #4 on: April 20, 2011, 10:19:37 PM »
1.  Another item on my wysopist list.

2.  What if the phone is switched off?  (Mine is an aged beast, and when it's off it's OFF.)

3.  If just because I think it's off doesn't mean it's off, what if I pull the battery?

I don't usually roll with the phone on anyway.
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Offline mamacags

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Re: Your opionion and feedback requested, Part Deux
« Reply #5 on: April 20, 2011, 10:25:31 PM »
bullshit
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Offline Thor

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Re: Your opionion and feedback requested, Part Deux
« Reply #6 on: April 20, 2011, 10:50:39 PM »
I hope the ACLU rolls with this and shoves those unreasonable searches up the MSP's ass. I'm truly tiring of the Jack Booted Thugs and their Fascist tactics. No-Knock warrants, unreasonable searches, detaining people without probable cause, etc etc etc
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Offline Janice

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Re: Your opionion and feedback requested, Part Deux
« Reply #7 on: April 20, 2011, 11:13:07 PM »
Quote from: Thor on April 20, 2011, 10:50:39 PM
I hope the ACLU rolls with this and shoves those unreasonable searches up the MSP's ass. I'm truly tiring of the Jack Booted Thugs and their Fascist tactics. No-Knock warrants, unreasonable searches, detaining people without probable cause, etc etc etc

Agreed. H5 all.
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Offline NHSparky

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Re: Your opionion and feedback requested, Part Deux
« Reply #8 on: April 21, 2011, 09:17:24 AM »
LEO: Please give me your cell phone so I can plug into my black box and download all your personal information from it.

Me: No thank you.  I do not give you consent to search.

LEO: You know I can hold you here while we get a search warrant, right?

Me: Actually, no you can't.  You cannot detain me longer than what is reasonable for a traffic stop for the purpose of obtaining a warrant and you have no probable cause.  Is there anything else, officer?  No?  Have a nice day.

================================

Bottom line, politely refusing to consent to a search where the officer has probable cause is a nice way of telling him to get ****ed.  And he cannot force you to give over your phone unless he already has a sworn warrant, which he'll never get without probable cause.  Speeding or not signaling does not constitute probable cause.
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Offline Rebel

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Re: Your opionion and feedback requested, Part Deux
« Reply #9 on: April 21, 2011, 09:21:52 AM »
Quote from: NHSparky on April 21, 2011, 09:17:24 AM
Me: Actually, no you can't.  You cannot detain me longer than what is reasonable for a traffic stop for the purpose of obtaining a warrant and you have no probable cause.  Is there anything else, officer?  No?  Have a nice day.


Since it's not a precedent, who gets to determine what is reasonable?
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Offline NHSparky

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Re: Your opionion and feedback requested, Part Deux
« Reply #10 on: April 21, 2011, 09:26:12 AM »
Quote from: Rebel on April 21, 2011, 09:21:52 AM
Since it's not a precedent, who gets to determine what is reasonable?

When's the last time you got stopped by a cop who then had to have someone else come watch you while he went to a judge and swore out a warrant?  You know how long that would take?

http://www.uwyo.edu/studentatty/criminallaw/trafficstops.html
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