lord_casek Posted January 24, 2008 Share Posted January 24, 2008 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. http://gizmodo.com/347915/speeders-your-pocket-is-a-bad-place-for-your-cellphone Quote Link to comment Share on other sites More sharing options...
twinky the kid Posted January 24, 2008 Share Posted January 24, 2008 fucking whack son. FuCK dA PolIcE! (first!) Quote Link to comment Share on other sites More sharing options...
GLIK$ Posted January 24, 2008 Share Posted January 24, 2008 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. Quote Link to comment Share on other sites More sharing options...
c-walk Posted January 24, 2008 Share Posted January 24, 2008 thats kinda really fucked up... but i dont think you should be hittin up dealers via text message anyways Quote Link to comment Share on other sites More sharing options...
lord_casek Posted January 24, 2008 Author Share Posted January 24, 2008 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? 1 Quote Link to comment Share on other sites More sharing options...
twinky the kid Posted January 24, 2008 Share Posted January 24, 2008 if your dumb enough to leave incriminating shit on your phone, then you deserve to get busted. unless youre a hot asian chick. Quote Link to comment Share on other sites More sharing options...
Dawood Posted January 24, 2008 Share Posted January 24, 2008 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... Quote Link to comment Share on other sites More sharing options...
twinky the kid Posted January 24, 2008 Share Posted January 24, 2008 U gots mai sm4ck r wHuT? OMFG! hahahahhahahahahaha! props. Quote Link to comment Share on other sites More sharing options...
IOU Posted January 24, 2008 Share Posted January 24, 2008 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. Quote Link to comment Share on other sites More sharing options...
Fist 666 Posted January 24, 2008 Share Posted January 24, 2008 but i caught this really cool sharpie tag inside the dive-bars bathroom on my camera phone. Quote Link to comment Share on other sites More sharing options...
Guest spectr Posted January 24, 2008 Share Posted January 24, 2008 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.. Quote Link to comment Share on other sites More sharing options...
milford Posted January 24, 2008 Share Posted January 24, 2008 that's why you don't save phone numbers under the person's graffiti name. it amazes me when people do this. Quote Link to comment Share on other sites More sharing options...
Tuff Tone Posted January 24, 2008 Share Posted January 24, 2008 FUCK DA POLICE Quote Link to comment Share on other sites More sharing options...
Guest spectr Posted January 24, 2008 Share Posted January 24, 2008 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 Quote Link to comment Share on other sites More sharing options...
Sleet Posted January 24, 2008 Share Posted January 24, 2008 This is why i'm glad I got a simple phone, no camera and none of that bullshit. Quote Link to comment Share on other sites More sharing options...
CALIgula Posted January 24, 2008 Share Posted January 24, 2008 "where are you hiding that damn iphone!?" Quote Link to comment Share on other sites More sharing options...
DAVAK Posted January 24, 2008 Share Posted January 24, 2008 that guy is psyched Quote Link to comment Share on other sites More sharing options...
dirtydoses Posted January 24, 2008 Share Posted January 24, 2008 OH DUDE THEY ARE TRASHING YOUR RIGHTS TRASHING! Quote Link to comment Share on other sites More sharing options...
GLIK$ Posted January 24, 2008 Share Posted January 24, 2008 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. Quote Link to comment Share on other sites More sharing options...
~KRYLON2~ Posted January 24, 2008 Share Posted January 24, 2008 lock your phone and they cant get any info. kinda like locking your trunk or glovebox rite? Quote Link to comment Share on other sites More sharing options...
swedish erotica Posted January 24, 2008 Share Posted January 24, 2008 Which is why when riding dirty i erase my text messages. Quote Link to comment Share on other sites More sharing options...
rokstar Posted January 24, 2008 Share Posted January 24, 2008 Fucking terrible invasion of privacy! I don't understand why they can do this with out a warrant.. But fuck it. Quote Link to comment Share on other sites More sharing options...
twistedthoughts Posted January 24, 2008 Share Posted January 24, 2008 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. Quote Link to comment Share on other sites More sharing options...
Guest shai_hulud Posted January 24, 2008 Share Posted January 24, 2008 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. Quote Link to comment Share on other sites More sharing options...
stunt double Posted January 24, 2008 Share Posted January 24, 2008 wait... did you just admit that you are a cop? edit: for the dude above shai... Quote Link to comment Share on other sites More sharing options...
KM4RT Posted January 24, 2008 Share Posted January 24, 2008 ^ i think he was referring to the computer forensics stuff Quote Link to comment Share on other sites More sharing options...
subcitizen Posted January 24, 2008 Share Posted January 24, 2008 another reason im glad i got rid of the cellphone all together. impractical sometimes but hey, not that long ago none of us had them anyway. Quote Link to comment Share on other sites More sharing options...
lord_casek Posted January 24, 2008 Author Share Posted January 24, 2008 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. yeah, you need to go ahead and spill the beans on what you do for a living, unless it's military, WE CARE. Quote Link to comment Share on other sites More sharing options...
THANKYOU Posted January 24, 2008 Share Posted January 24, 2008 shits getting outta hand Quote Link to comment Share on other sites More sharing options...
El Jefe Uno Posted January 24, 2008 Share Posted January 24, 2008 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. You're gonna have to elaborate I got bagged a few months ago, and I had a few recent cell phone flicks. Luckily the cops didn't go through it. They might have seen some nekkid 18 year old girls. They gave me my one phone call with my own cell for some reason. Weird. Anyone else completely fucking out of it in the morning? I can't make sense of life right now Quote Link to comment Share on other sites More sharing options...
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