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lord_casek

Cops Can Search You...and Your Phone's Memory

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Here's a frightening but real proposition: if you are caught breaking certain traffic laws, not only do police have the right to search you—they can go through all your electronic data as well—your text messages, call histories, browsing history, downloaded emails and photos. In a recent academic paper, South Texas Assistant Professor Adam Gershowitz explains that because many traffic violations are arrestable offenses, just as a cop could search your pockets for drugs, said cop can also search your pockets for a smartphone and go through all its contents. The same is true for any standard arrest, and given the amount of data in current smartphones, it's a scary proposition (even for law-abiding citizens like us). We'll give you the CliffsNotes version of Gershowitz's 30-page article in which he outlines the situation.

The Issue:

While society and technology have changed drastically over the last few decades, the search incident to arrest rule has remained static. Thus, if we think of an iPhone as a container ******like a cigarette package or a closed box, police can open and search the contents inside with no questions asked and no probable cause required, so long as they are doing so pursuant to a valid arrest.

A Recent Precedent:

The Fifth Circuit's recent 2007 in United States v. Finley is representative. Police arrested Finley after a staged drug sale. The police then searched Finley incident to arrest and found a cellphone in his pocket. One of the investigating officers searched through the phone's records and found text messages that appeared to relate to drug trafficking...******the court explained that "police officers are not constrained to search only for weapons...they may also, without any additional justification, look for evidence of the arrestee's crime on his person in order to preserve it for use at trial.

The Solutions:

Courts and legislatures can attempt to minimize this invasion of privacy by changing the legal rules to require that searches be related to the purpose of the arrest, by limiting searches to applications that are already open, by restricting suspicionless investigation to a small number of discrete steps, or by limiting searches to data already downloaded onto the iPhone, rather than data that is merely accessible through the iPhone's internet connection.

 

 

 

 

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thats gonna be a real bad look for graffiti writers who have pertinent numbers in their cell phone and VS decides you broke a traffic law.

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thats kinda really fucked up... but i dont think you should be hittin up dealers via text message anyways

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thats kinda really fucked up... but i dont think you should be hittin up dealers via text message anyways

 

U gots mai sm4ck r wHuT?

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I don't know why this is new news....I can remember the police lining doods up against the wall making us "turn our pockets into elephant ears" since 7th grade...as far as I knew everything that came out of your pocket was open season for the man. And last I checked, you don't even have to commit a crime to go to jail...

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This is why I don't do nothing incriminating on phone or compooper. Well sometimes, but I'm usually on of that.

 

Sad thing is, I thought this was always possible anyways.

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but i caught this really cool sharpie tag inside the dive-bars bathroom on my camera phone.

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Guest spectr

wait what... let me look up the link... but the appeals court in s.f. said the oppisite not that long ago...

can't remember what the name of it is..

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that's why you don't save phone numbers under the person's graffiti name. it amazes me when people do this.

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Guest spectr

well I keep my phone locked with 2 pins one for the phone itself and one for the sim card...

I am trying to find the ruling from s.f.... I think it was in late 2006

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OH DUDE THEY ARE TRASHING YOUR RIGHTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRASHING!

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well I keep my phone locked with 2 pins one for the phone itself and one for the sim card...

I am trying to find the ruling from s.f.... I think it was in late 2006

 

 

right on.

 

white power.

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Fucking terrible invasion of privacy! I don't understand why they can do this with out a warrant.. But fuck it.

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This type of stuff is part of what makes up my job. Google "computer forensics".

 

You won't hide shit by deleting your txt messages. Also, a locked phone is just a piece of readily available software away from being unlocked. Sim cards included.

 

If you want to do something dodgy, either keep it away from technology or purchase a program that will properly delete evidence from your computer (by writing over the data with 0's and 1's). Of course, if you're really dodgy, any forensics expert will see an unusual pattern of 0's and 1's and know what you did. Even after overwriting, it is still possible (but EXTREMELY expensive) to undelete the original data.

 

I'm watching you.

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Guest shai_hulud

And people laugh at me for not saving numbers on my cell phone.

 

I keep a little black book well hidden, with nothing but first names and last initials. Area codes usually clue me in to who it is. Most numbers I dial from memory.

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