Michigan doing full sweeps of phones for traffic stops
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http://www.thenewspaper.com/news/34/3458.asp
The Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program.
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finally the ACLU is invovled in a case they should be.
if border patrol agents cant refit a battery in the cell phone of a suspected drug/human trafficker, then the state police has no right in illegally searching your phone.
if border patrol agents cant refit a battery in the cell phone of a suspected drug/human trafficker, then the state police has no right in illegally searching your phone.
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While this is obviously a breach of privacy breaking the 4th amendment, what I find particularly annoying about this is that this device will not be catching drug runners, child traffickers and menaces to society, they will be catching some high school kid or housewife causing no harm to anyone.
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I would generally be very forth coming and cooperative in the event of a traffic stop. If they want to search my car, then fine, as long as it isn't going to take more than 15 min. I'm not letting someone scan my phone and collect all of the data that's on it. Especially when it is information that would clearly need a search warrant in any other circumstance.
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show me California Code that says this.
Refusing consent is NOT in and of it self probable cause.
however
If he is able to develop probable cause independant of your refusal, he will be able to obtain a search warrant. (drug sniffing dog, looking into windows, other BS)
See Terry vs. Ohio, then this: http://en.wikipedia.org/wiki/Michigan_v._Long
It does you best to move out of liberal states that do not care about individual's unalienable freedoms/rights.
Last edited by Braineack; 04-26-2011 at 04:17 PM.