Michigan cops stealing drivers' phone data

I can only think that they are considering a traffic stop an "arrest" and the cell dump a "search incident to arrest". I'm not saying that its right, only speculating as to their rationale.

You may be right. I'm fairly patriotic, but things like this help me to understand those who aren't. I hope the ACLU wins this one.

I believe their justification will be the no texting, hands free calling laws…

Ever tried to tell an officer that you believe the laser speed detector they are using is misaligned, and you would like to keep it as is for further forensic analysis, and move it immediately to their evidence room?

I believe their justification will be the no texting, hands free calling laws…

That didn't even occur to me… I still think it's an unreasonable search.

Another possibility is that they are using the magnetic strip off the back ot the DL to "log in" the traffice stop. This will also allow them to obtain a complete driving history and "wants and warrants" on the driver and any of the vehicles registered in that persons name.

Other data obtained can be used to determine if the Officer is "profiling" by logging all his public contacts.

Hands free calling laws *might* be the justification, but it sounds like they're just collecting everything and not interviewing the drivers to see where they were driving from and then collecting phone activity that happened X minutes ago.

Not to mention the whole pay us $500,000 for a "processing fee" and the devices "…can even bypass security passwords." doesn't seem right at all.

What happened to needing probable cause before enacting a search? I dont believe that even if they have this utility that they can use it arbitrarily against any motorist they please. There is a due process for a reason.

After reading the article, (i wrote my reply first). I see that one thing the ACLU brings up is the fact there is no probable cause… I think if this is happening like the article says, which is, even if the user isnt suspected of a crime, this is an illegal search and seizure

If true that's an incredibly disturbing violation. I can't believe any police commissioner in their right mind would have sanctioned it.

It's always good to get both sides of the story. As far as the "blue lights" go their activation constitutes a seizure not an arrest. I know that searches incident to arrest are legal, but search incident to seizure?

The statement from the MSP states they are obtaining a warrant or obtaining consent. Give this eight years or so and this too will make it to the Supreme Court. The argument will be that althought consent was given it was given during a time the individual was seized (blue lights activated) and that during the seizure (when the business related to the stop was being conducted or time period when a reasonable person would not feel they were free to leave) they felt that there was an implication they needed to comply with the officers request.

I wonder if the MSP could provide stats on what percentage of motorists do dot give consent AND what are the outcomes of those stops specifically?

Heres the update.

Update on April 20 at 1150 p.m. The Michigan State Police later issued a statement saying that it only uses the data-extraction devices after obtaining a search warrant or consent from a cell phone's owner

http//news.cnet.com/8301-1009_3-20055961-83.html?tag=mncol;txt