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LilRed · 05-01-2011, 07:39 PM

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Found this in a San Antonio thread ...

http://translogic.aolautos.com/2011/04/29/police-device-used-to-steal-your-cell-phone-data-during-traffic/

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Nicolet · 05-01-2011, 07:55 PM

OMG! How scary is that? I understand how it could be helpful in some regard, but my lead foot just got light as a feather!

AfterHoursMan · 05-02-2011, 06:09 AM

They are saying they can stop you and download all of your phone information during a traffic stop? So they would have all your clients phone numbers and all the text messages exchanged between you and a client. Thats messed up man. I wonder if they ask for your phone or do they have to see it laying out to get it? Wouldn't that require a search warrant?

Outdoorsman · 05-02-2011, 08:11 AM

What the law requires and what happens in reality are two different things. I have been saying this for years now, we do not live as "free" as most think we do. The police, government, can do whatever they want whenever they want to you, to me, and to anyone.

If cop takes the stand and is asked "Where did you find the phone, sir?" his response will always be "On the dash board in plain sight." or whatever he needs to fit his situation, now who is going to counter that - the Defendant with no credibility - who do you think the Judge is going to listen to?

I have see hundreds of drug busts where all these drug users are stopped on the street and the substance is on the dash board, on the seat, or on the counsel and all in plain view. Now, I ask you if you were stopped by a cop would leave any illegal material out in plain sight? If you ever have been stopped with a beer or plastic cup, do you get rid of it? or do you leave out in plain sight and smell for the officer? Do you start chewing gum or take mints if you had been drinking? These people are no different, i have even proven in a Court of law that the search was illegal and lost simply because the drugs were found and that is the explanation the Judge gave me. He said he would supress the search but they found the drugs. So, I ask can the police search whenever they want? Yes. That is reality. They need no Search warrant. I have also seen where search warrants are back dated to conform to an illegal search - happens everyday.

So, why not be able to steal all your info off a phone? Their theory is as long as you are not doing anything illegal what do you care, let us look? I call BS on that, I like my privacy - period. But I have no right to it in this country - that simple.

Nicolet · 05-02-2011, 08:55 AM

We are all losing our rights, but they seem to be sneaking them away slowly.

Nina Rae · 05-02-2011, 10:28 AM

Rule #1: Don't keep your client's info stored in a phone. Exactly why I "heart" google voice. You don't have to store anything in any phone...you simply store them in your account and it rings thru to your phone. But if you MUST, then..

Rule #2: Lock things in your glove compartment. This doesn't mean carry drugs in your car EVER, but for semi-incriminating things like a hobby phone or SIM card, or your REGISTERED handgun, its definitely helpful. Its not fool proof, but at least it makes it a little more difficult for police to make up a plain view story. My glove box locks, and its ONLY unlocked with a key that does not stay on my keyring. If the police ever stopped me (which hasn't happened yet), even if they wanted to do an illegal search, they would have to break my glove compartment door to look inside. Not having the key on me would make it hard for anything to be under my immediate control, so to speak.

DallasRain · 05-02-2011, 10:47 AM

hanks LILRED for the heads up!

Quote:

Originally Posted by Nicolet

We are all losing our rights, but they seem to be sneaking them away slowly.

ditto!

great points Nina!

BrahmaBull · 05-02-2011, 07:24 PM

Quote:

Originally Posted by LilRed

.
Found this in a San Antonio thread ...

http://translogic.aolautos.com/2011/04/29/police-device-used-to-steal-your-cell-phone-data-during-traffic/

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'

I was just reading an article about this in my RSS feeds the other day,it's really kinda sickening the type of things LE can do in the name of "the greater good" here's the link if you wanna read more about it: http://arstechnica.com/tech-policy/n...0#comments-bar

AdventureAdams · 05-02-2011, 08:27 PM

LE have to have a warrant to get the information from your cell phone, just as they would need a warrant for your laptop or anything that would have personal private data on it. Unless you are involved in an altercation or a crime where your cell phone needs to be confiscated, they will not just pull out this big credit card machine looking device to suck all your phone info just because you ran a red light.

Nina Rae · 05-03-2011, 09:32 AM

I respectfully disagree Skylar. While a warrant for anything that is not in plain view is the rule, we all know that LE (especially around here) doesn't always abide the rules. This is how people often get popped for drugs on a routine traffic stop. All a cop has to do is say he saw/smelled/heard something that would give rise to PC for the search, and bam. He can dig.

Outdoorsman · 05-03-2011, 11:02 AM

You got it Nina, in my experience with criminal law not one.. I repeat not one cop has ever testified that he or she found the substance, phone, gun, weapon, or items in the glove compartment, under the seat, or anywhere except in plain view and they also testify on occasion that the driver or owner gave permsission to search... hence no warrant needed. Now who does the Judge believe the Defendant saying "NO" I did not give permission or the cop. I think the permission to search should at least be in writing, not that it would stop it but makes it harder. Cops do not, in southern Louisiana wait or obatin search warrants for traffic stops. What the cops do is run your license and he/she can see your entire arrest and conviction record in Louisiana. If you have a record of arrests or convictions or both, you are screwed and getting searched, that simple. Do cops have time to search lawyers BMW on a routine traffic stop - NO, and they do not, they can see him dressed in a suit and profile figuring prolly no illegal substances. But this thread is about whether or not they can search my vehicle, legally they cannot, but in reality they can whatever they want whenever they want - that simple.

What is my recourse if they search my vehicle and find nothing, I will tell you, absolutely nothing. Do I get to file suit for illegal search - NO, do they get some sort of punitive damage for illegally searching - NO, only outcome is cannot use evidence in trial. Well, hell if they do not look they do not know if evidence for trial exists, at least that's their attitude and when they find, they just lie - simple.

My dilemma is my rights are eroded and it is only a matter of time until my car is searched and something unhealthy is found or a condom is found and no I do not get arrested, but I get divorced, broken up with girlfriend, life still in disarray. It is not right, I do not have to live by anyone's else's standards or least I should not have to.

As you can see, issue is close to my heart.