Mich. Cops Can Now Steal Your Cell Phone Data — ‘Without the Owner Knowing’ From the article: It’s a scary scenario. You’re driving down the road and get pulled over by a state patrolman. After checking your license and registration, the officer asks for your cell phone, and then uses a futuristic machine to download all your data. In Michigan, it’s happening. Â
Click above to read more. Supposedly, the ACLU is on this, but not getting cooperation from the Michigan State Police.
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Comments: 25
As far as needing a warrent if you are being arrested for DWI or another crime these are the times when a warrent is not required.
•Connected to an arrest: Police may search your body, clothing, or car for weapons or other contraband in conjunction with a valid arrest.
•When requiring immediate action: Police can conduct a search if circumstances demand immediate action, for example, to prevent you from destroying evidence.
•When in plain sight: Police need no search warrant when the object is clearly visible to the officer, for instance, if during an arrest, the officer sees a joint on the floorboard of your car.
•When you permit it: If you consent to a search of your body, car, or home, police do not need a warrant. You are not required to consent to a search.
Welcome to the world in the information age.
I read about a case the other day where people sued the cops who came into their house (wrong house, by the way) to search for drugs. The couple gave them permission to search because they knew they had done nothing wrong. But they didn't give the cops permission to trash their house and break everything, which is what they did. They're suing and will probably win.
So if you give them your phone, thinking all they're going to do is check to make sure you weren't texting while driving, and they download all of your contact information, pictures and videos, have you given them permission to do that by just handing over your phone?
Yes, you can be pulled over for suspected drugs or alcohol. If you are drunk the police can search. If they see drugs or paraphernalia in sight they can search. You do not have to obtain a warrant if there is probable cause and you can search the vehicle.