Cell Phone Search & Seizure by Police

[RWebb]

Michigan State Police Say It'll Cost $545k To Discover What Info It's Copying Off Mobile Phones During Traffic Stops

Apparently, the state police in Michigan are using devices that allow them to slurp all sorts of data off your mobile phone. Various courts over the years have taken up the question of whether or not it's okay for police to search your mobile phone during a traffic stop without a warrant, and the rulings are quite mixed. What is allowed is for police to search through your physical belongings, but "digital" belongings is a bit more of a gray area, and it seems to depend on the court. Most recently, the California Supreme Court said that such searches are fine.

The reason many of us are troubled by this is that, like laptops, the contents on your mobile phone are both a lot more expansive these days than, say, a bag you're carrying -- and can be a lot more private. So it's a bit troubling that at least some courts have said there's really no difference between searching a bag that you're holding and the full contents of your mobile phone at a traffic stop.

The situation in Michigan is potentially more troubling, because the police are apparently using technology that lets them gather all sorts of info off your phone quite quickly -- and can even get around some password protections:

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."

It's not at all clear if the police in Michigan are using the full extent of these tools, and that's what the ACLU was curious about. So, it filed a Freedom of Information Act request on the matter... and was told that it would cost $544,680 to get that information. That doesn't sound like "freedom" of information, now does it? While the folks over at Techland suggest a Kickstarter project, I think the ACLU is hoping that it can pressure the police into changing their position on this without having to resort to such measures.

- techdirt

[mnewport]

Creepy. How about simply powering down the cell phone when driving? No power means no police access to data. It's not safe to drive and talk/text at the same time anyway.

[Moses]

Great... My little town is making news with an incredible level of corruption is our police force. DUI's for hire, selling drugs and guns out of the evidence lockers...

Yeah, I'd trust them with this technology. What could possibly go wrong?

[stomachmonkey]

So I wonder, if you have called, texted and or emailed your attorney from your phone could you claim it contains privelidged information that prevents it being searched.

[Jeff Higgins]

Wow. This is just such an invasive affront to our right to privacy that I simply cannot believe that courts' reactions have been "mixed". Hopefully, this will elevate quickly to the Supreme Court and get settled correctly, in favor of citizens' privacy. This one should be a slam dunk. Should be...

[john70t]

Never thought this would start first here in Mich.
More like a NY or California thing.

Anyways, I've whined about this type of b.s. here for years, mabye even a decade, and been told to go put on a tinfoil hat.

Oh well.

[m21sniper]

Originally Posted by mnewport

Creepy. How about simply powering down the cell phone when driving? No power means no police access to data. It's not safe to drive and talk/text at the same time anyway.

Apparently it would certainly be a good idea when you get pulled over.

[GH85Carrera]

Just power down the phone and put it away.

I remember that during the China Olympics the press had stories how the Chinese government could listen to the microphone even when the phone was turned off. They had a "bug" with every phone. The only way to stop them was to remove the battery.

[m21sniper]

The US Government has done the same exact thing to bust up some organized crime rings. If your battery is in the phone, even if turned off, they can turn on the microphone and record everything you're saying.

[targa911S]

Ya know, even though I have nothing to hide, I'm about done with all this technology crap. Format my hard drive twice, bail out of the internet, and get rid of my cell phone. I'll bet it's a liberating experience.

[WolfeMacleod]

I could just see sensitive corporate information being gathered....

Bill: We're buying Apple
Paul: Oh yeah? How much are we in for?
Bill: We'll go to 100 million, but our starting offer is 50 million


Drug co exec: We've discoverd a drug that cures everything
Exec #2: Our stocks will skyrocket, but we'll go out of busines within a year.


Author writes book on phone. Cop published book first.


etc...

[cgarr]

So we can do the same? Pull all of LEO's info off his phone? Why not?

[m21sniper]

You can get around a lot of the cell phone chicanery by getting a boost mobile or similar account, paying your bill monthly in cash, and filling out bogus information on the customer info sheet.

They can't track or subpoena your phone records if they dont know its your phone.

[sc_rufctr]

I don't know what to make of the story. (I work in the IT industry)

I find it hard to believe that any device could connect to an iPhone or mobile phone ad-hock and pull data off it.
Even with the Blue Tooth turned on it would be "very" difficult without touching the other phone.

Defeating encryption? Yea right (wink, wink)... That's funny.
Good encryption can be defeated but you need a dedicated PC, the right software and a lot of time.
Most Police forces are lacking in basic IT related skills. The average cop needs proper training just use their laser guns correctly.

Do you really think they could successfully use such a device if it actually exists?

EDIT: Please post more info this this supposed "device"...

[Brando]

For the police to take your phone/ipad/itouch whatever, first requires them to sieze it. I most certainly hope this gets escalated to the USSC and stricken as unconstitutional as it is an unlawful seizure followed by an unlawful search.

Sadly, the 9th Circus just said "Hey, this be alrighty! Mkay?"

I have a feeling that won't change until one of them gets stopped, cop says "Gimme yer phone" and starts lookin through their info.

[krystar]

it takes a IT expert to write the tool. it only takes a dummy to hit "go"

[targa911S]

Their lack of knowledge of the technology combined with the ability to access so much information is the scariest part.

[onlycafe]

just because you are paranoid, it doesn't mean that they aren't out to get you.

[imcarthur]

From their website Cellebrite it looks like many phones need a cable which means that you would have to give them the phone. Bluetooth allows them in wirelessly. It does a hex dump of the whole memory.



Ian

[Paul_Heery]

They market this thing as being "easy to use".



They have a page of video tutorials on how to use this device. It looks pretty simple.
Cellebrite - Mobile Forensics and Data transfer solutions - UFED video tutorials