Should Cops Be Allowed to Scan Your Phone During a Traffic Stop?

[goof2]

OK, I assumed it worked wirelessly. If they have to physically plug in to the phone no question it should be ruled an illegal search.

[Avatard]

Originally Posted by azoomm

Because there was a risk of that happening before this?

In all seriousness, I'm thinking of moving. Away.

[Captain Morgan]

Originally Posted by goof2

This could be interesting. I'm guessing the practice will be disallowed without a warrant, but because phones are broadcasting some information the state will probably argue it is in plain sight and doesn't require a warrant.

My trunk lid is also in plain sight. The contents of my trunk are not.

Originally Posted by goof2

OK, I assumed it worked wirelessly. If they have to physically plug in to the phone no question it should be ruled an illegal search.

I also assumed it worked wirelessly. However, even if it has to be plugged in, they need your permission to scan the phone, just like they need your permission to search your trunk. That requires probable cause, and frankly, I say the search requires a warrant.

[azoomm]

Originally Posted by goof2

OK, I assumed it worked wirelessly. If they have to physically plug in to the phone no question it should be ruled an illegal search.

This.

"Give me your phone"

"No"

Easy...

[derf]

while I totally agree with what everybody is saying that this is an illegal search, it also leads to a ticket for contempt of cop. Remember you are guilty until proven that you truly are guilty.

[Papa_Complex]

Originally Posted by goof2

This could be interesting. I'm guessing the practice will be disallowed without a warrant, but because phones are broadcasting some information the state will probably argue it is in plain sight and doesn't require a warrant.

That would be like permitting a search of your basement, because an officer could see through your living room window. If you have to perform additional work in order to get at something, then it isn't within the confines of a "plain sight exception."

[Avatard]

Originally Posted by azoomm

This.

"Give me your phone"

"No"

Easy...

[FIRES TASER, picks phone up off floor]

Easy...

Fixed.

[MikeSP1]

If law enforcement cannot be in possession of my phone, or any other device, then they cannot have access to the information it contains. Just like if I had a notebook, the police are not entitled to any information in the notebook if they are not in possession of the notebook itself, and possession of the notebook requires probable cause/warrant.

[goof2]

Originally Posted by Captain Morgan

My trunk lid is also in plain sight. The contents of my trunk are not.



I also assumed it worked wirelessly. However, even if it has to be plugged in, they need your permission to scan the phone, just like they need your permission to search your trunk. That requires probable cause, and frankly, I say the search requires a warrant.

Just to continue the discussion hypothetically, it would depends on what your "trunk" broadcasts about its contents. If your "trunk" has one of those LED signs on it saying "I have a huge bomb in here" you might run in to more difficulty. I don't really know what information cell phones broadcast and make available so I can't speak to how accurate an analogy that is though. The wireless aspect is why I initially speculated the case would be interesting. Having to plug the phone in to a device makes it much more clear cut and much less interesting.

[derf]

Originally Posted by goof2

Just to continue the discussion hypothetically, it would depends on what your "trunk" broadcasts about its contents. If your "trunk" has one of those LED signs on it saying "I have a huge bomb in here" you might run in to more difficulty. I don't really know what information cell phones broadcast and make available so I can't speak to how accurate an analogy that is though. The wireless aspect is why I initially speculated the case would be interesting. Having to plug the phone in to a device makes it much more clear cut and much less interesting.

A cell generally pings cell towers that are close every X number of seconds when not in use, it sends out automatically that phones designation to the network letting it know where it is so that it can be reached if a call or text comes in.

Smart phones get more data than that based on the programs installed on the phone, facebook, mail, and any other programs. When the phone pings the nearest tower letting it know where it is it requests data based on what applications you have, generally its just a request for information. The caveat is that some of your applications that you download can automatically update information on the internet based on those pesky useage agreement that you never read but agreed to (which is what happened with the iphone location data). Your phone also automatically pings the network when you turn it on/enable screen/open the flip/wake up whatever its called.

I have been told that google maps gets its semi accurate traffic data from a mix of DOT (mostly in populated areas and on major roads) collected traffic data and users cell phone signals and gps signals. When you have GPS enabled it will update the network on your speed and location, when it is dissabled it will ping towers and google is notified of your time from tower A to tower B and figures out your average speed, and the same for others around you. The more users reporting conditions in each area, the more accurate the current maps data is.

The reality is that if you are scared of your life being data mined you need to get rid of credit cards, cell phones, any car made after 2007, and shut any services to your house. Even using cash to buy money orders to pay bills generates information about you, that money order is traced to the purchase location by the bank who cashes it on behalf of the seller so western union could staff and stock the location better based on the number of end users patronizing the location.

Basically if you are this worried about your privacy in the modern digital age the only choice you have is to sneak off into the woods and build yourself a log cabin and live off the land. Remember to not live on land you own, or let anyone know you live there or the park ranger will enter a conversation log into his computer and the cia will find you again.