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From:
Tod Chernikoff <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 20 Apr 2011 13:30:36 -0400
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Troubling, but then again, as upheld by the Ninth Circuit Court of Appeals, Customs and Border Patrol agents are allowed to seize laptops and the like without a warrant and copy, analyze, etc...Also a bit troubling.  CBP says it is like being able to open a suitcase.
 
Tod
 

Date: Wed, 20 Apr 2011 13:16:35 -0400
From: [log in to unmask]
Subject: Re: [RM] ACLU: Michigan cops stealing drivers' phone data | Crave - CNET
To: [log in to unmask]
 
Sadly, if this remains unchallenged it could be followed by headlines of "coming to a State Near YOU" soon.
 
I guess my first thoughts (with this referring to DRIVERS being stopped) is how is this any different than the old demanding you open your trunk or glovebox, if there is no probable cause to make you do so?
 
What are you being stopped for and how does it relate to your phone?
 
Even if you're in a hands-free law State and are pulled over for using your phone, you are cautioned or cited for that offense... but that doesn't give them to right to seize and search your phone. I can't think of any circumstance in a traffic stop where I would be willing to hand over my phone, and DEFINITELY not provide my PIN- remember what the "P" and "I" stand for? 

And *IF* your phone is password protected, I don't understand how this device can access your content without that being provided. When I plug in my phone to charge it or sync the contents, it asks for a password if it's locked. How can this device bypass that and get right into the content? 

Somehow I don't see this surviving.

Larry
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