REPORT: Michigan Police Download Cell Phone Data During Routine Motorist Stops...
'Extraction devices'...
Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections.
"Complete extraction of existing, hidden, and deleted phone data, including call history, text messages, contacts, images, and geotags," a CelleBrite brochure explains regarding the device's capabilities. "The Physical Analyzer allows visualization of both existing and deleted locations on Google Earth. In addition, location information from GPS devices and image geotags can be mapped on Google Maps."
The problem as the ACLU sees it, is that accessing a citizen's private phone information when there's no probable cause creates a violation of the Constitution's 4th Amendment, which protects us against unreasonable searches and seizures.
To that end, it's petitioning the MSP to turn over information about its use of the devices under the Freedom of Information Act. The MSP said it's happy to comply, that is, if the ACLU provides them with a processing fee in excess of $500,000. That's more than $100,000 for each of the five devices the MSP says it has in use.
The ACLU, for its part, says that the fee is odious, and that a public policing agency has a duty to its citizens to be open. "This should be something that they are handing over freely, and that they should be more than happy to share with the public--the routines and the guidelines that they follow," Mark Fancher, an attorney for the ACLU, told Detroit's WDIV.
As of yet there's no suit, but one is likely if the MSP sticks to its proverbial guns and refuses to hand over information
Edited by Rogerdodger, 19 April 2011 - 10:13 PM.