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Phone searches by authorities

zuben el genub

zuben el genub

Extreme Android User
This was posted in 2010:
http://androidforums.com/t-mobile-mytouch-3g/46506-careful-what-you-store-your-cellphone.html

I've also seen articles where Iphones are targeted, and some can't tell the difference between an android and an Iphone by sight.

Here's a link I came across today: I'm bookmarking it.
EFF Releases 2011 Guide for Protecting Your Computer and Phone from Illegal Police Searches - How-To Geek ETC

This would apply since quite a few authorities are demanding your phone since you might have photographed something the authorities think you shouldn't.
 
As a paralegal, I'm disappointed by the lack of coherent info on this subject. Here's two things that people should, but often don't know.

1. Can a police officer search my phone?

If a police officer has to detain you for anything, he has the right to search you. If he were to find a bag with a substance in it, he could search it to determine if it is marijuana (or something else). Same with your phone. He can search the phone to the extent the device will allow.

2. What can I do to prevent a police officer from searching my phone?

Lock the phone with a pin or pattern lock. Once the device is locked, the officer needs YOUR assistance to search it. This means that he needs your CONSENT. Under the 4th amendment, you do NOT have to consent, and he will need to either hack (illegal), or obtain a warrant.

So there's the key difference with cell phone searches. Lock it and it becomes unsearchable without a warrant. Leave it unlocked and it falls under "plain view."

EDIT: If your SD card is not encrypted, they can extract data from that without a warrant.
 
Medion said:
As a paralegal, I'm disappointed by the lack of coherent info on this subject. Here's two things that people should, but often don't know.

1. Can a police officer search my phone?

If a police officer has to detain you for anything, he has the right to search you. If he were to find a bag with a substance in it, he could search it to determine if it is marijuana (or something else). Same with your phone. He can search the phone to the extent the device will allow.
...
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I believe this is mostly wrong: Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI | American Civil Liberties Union

You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.
Click to expand...

It seems an officer can search you for "reasonable safety" reasons, but no more beyond that, unless there is probable cause to warrant further searches (drugs etc).
 
Unfortunately, while you can refuse a search, a police officer can still pat you down for safety. Anything found on you during this pat down falls under "plain view."

This pat down isn't technically a "search," but it ends up essentially being a legal search. It's used that way and has been held up in court countless times.
 
Medion said:
As a paralegal, I'm disappointed by the lack of coherent info on this subject. Here's two things that people should, but often don't know.

1. Can a police officer search my phone?

If a police officer has to detain you for anything, he has the right to search you. If he were to find a bag with a substance in it, he could search it to determine if it is marijuana (or something else). Same with your phone. He can search the phone to the extent the device will allow.

2. What can I do to prevent a police officer from searching my phone?

Lock the phone with a pin or pattern lock. Once the device is locked, the officer needs YOUR assistance to search it. This means that he needs your CONSENT. Under the 4th amendment, you do NOT have to consent, and he will need to either hack (illegal), or obtain a warrant.

So there's the key difference with cell phone searches. Lock it and it becomes unsearchable without a warrant. Leave it unlocked and it falls under "plain view."

EDIT: If your SD card is not encrypted, they can extract data from that without a warrant.
Click to expand...

I think you are so very, very, wrong!

If I am pulled over for a damaged license plate, the cops have no right to search my cell phone. I have no obligation to give them permission to search my device so they would require a warrant. I would say no if they wanted to search my trunk or briefcase without one.

I seriously doubt if the cop trying to obtain a proper warrant were to say, "I pulled this person over for a damaged license plate so I need a warrant to search his cell phone" he/she would get a warrant.

If they take the device and turn it on, the search is patently illegal because what I was pulled over for in no way could be connected to my phone. It would be like parking my car in my driveway in some sort of illegal way and the police deciding they have a right to search my garage.

The police cannot look for "an elephant in a matchbox." Ask your boss about that specific phrase. Basically, it means if the police have a warrent to look for stolen V-8 engines stored, as they suspect, in your apartment, they can open your drawers to have a look.

You you also need to learn that sometimes a warrant is tossed out or a search is deemed illegal because the police misread the warrant.

Care to cite examples and relevant code and prove me wrong? These days, I would not be surprised to learn that our fundamental rights are set aside for the purposes of jailing the innocent and violating their rights.
 
This applies to photography. I know we have some amateur photographers here, and you see articles about those in authority not knowing the law about what you can and cannot photograph.

Correct me if I'm wrong, but I think the Brits had a big stink about this a couple of years ago.
We have complaints about soccer moms shooting their own kids, and another mom raising hell since her kid is also in the picture. Just shooting interesting playground equipment can get you charged with pedophilia or child abuse if any paranoid person is around.

Digital Photography revue has posted the laws concerning photography and they should be online.
Forums: Digital Photography Review

Just in case:
ICE Says it Owns the Web - Security | DSLReports Forums. Add the Mpaa and Riaa to this.
You might have a hassle even if you do have a legal game or movie the way this is going.

This is what's bothering me. The belief that now you are guilty unless proven innocent.
 
Bob Maxey said:
I think you are so very, very, wrong!

If I am pulled over for a damaged license plate, the cops have no right to search my cell phone. I have no obligation to give them permission to search my device so they would require a warrant. I would say no if they wanted to search my trunk or briefcase without one.

I seriously doubt if the cop trying to obtain a proper warrant were to say, "I pulled this person over for a damaged license plate so I need a warrant to search his cell phone" he/she would get a warrant.

If they take the device and turn it on, the search is patently illegal because what I was pulled over for in no way could be connected to my phone. It would be like parking my car in my driveway in some sort of illegal way and the police deciding they have a right to search my garage.

The police cannot look for "an elephant in a matchbox." Ask your boss about that specific phrase. Basically, it means if the police have a warrent to look for stolen V-8 engines stored, as they suspect, in your apartment, they can open your drawers to have a look.

You you also need to learn that sometimes a warrant is tossed out or a search is deemed illegal because the police misread the warrant.

Care to cite examples and relevant code and prove me wrong? These days, I would not be surprised to learn that our fundamental rights are set aside for the purposes of jailing the innocent and violating their rights.
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Please read the clarification that I posted in my 2nd post. If I still wasn't clear enough, let me know.
 
But would contents of a phone be considered "plain view?"..... I don't believe so. So if they did search your phone it would be illegal if they found incriminating evidence.
 
Knewz said:
But would contents of a phone be considered "plain view?"..... I don't believe so. So if they did search your phone it would be illegal if they found incriminating evidence.
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Unfortunately, it doesn't matter what a person believes or thinks, but rather, what the police are approved to do. I'm telling you as a paralegal who has both education and experience in this field. It's completely up to you if you want to fight it if/when it happens to you.

If I ever had anything incriminating on my phone, I would keep it locked, have the incriminating stuff encrypted, and refuse an unlawful search under the 4th amendment.
 
Medion said:
Unfortunately, it doesn't matter what a person believes or thinks, but rather, what the police are approved to do. I'm telling you as a paralegal who has both education and experience in this field. It's completely up to you if you want to fight it if/when it happens to you.

If I ever had anything incriminating on my phone, I would keep it locked, have the incriminating stuff encrypted, and refuse an unlawful search under the 4th amendment.
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OK paralegal . . . post some case law or a statute. Ideally, perhaps a case where the police/DA won. City and state, too.
 
Knewz said:
So if they did search your phone it would be illegal if they found incriminating evidence.
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Medion said:
and refuse an unlawful search under the 4th amendment.
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Is that the samething? Either way the search would be illegal, whether in theory or practice. I have education in this field as well but probably not as much experience. The police are very limited in what they can search without a warrant or the infamous "probable cause". It's mostly the ignorance of the law of the general public that allow them to get away with things like this.
 
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