State Police Search Mobile Phones During Traffic Stops
source: http://https://www.infosecisland.com/blogview/13163-State-Police-Search-Mobile-Phones-During...
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- Paisano1
- added this
https://www.infosecisland.com/blogview/13163-State-Police-Search-Mobile-Phones-D...
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- groups:
- Community, Tech, Current Tonight, Orwellian Nightmare
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Paisano1
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How Much Does Your Smartphone Know About You?
"I plugged my phone into my computer and opened an application called Lantern... Ten minutes later, I'm staring at everything my iPhone knows about me. About 14,000 text messages, 1,450 Facebook contacts, tens of thousands of locations pings, every website I've ever visited..."
https://www.infosecisland.com/blogview/13334-How-Much-Does-Your-Smartphone-Know-...
- 1 year ago
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Paisano1
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Paisano1
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Warrantless Searches: Welcome To The Panopticon
"They have the ability to conduct warrantless searches per the courts since the loosening of the laws on search and seizure in places like California and Michigan where electronic media is concerned. The net effect is that our due process rights are being eroded in an ever rapid pace..."
https://www.infosecisland.com/blogview/13317-Warrantless-Searches-Welcome-To-The...
- 1 year ago
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Paisano1
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mrsitssopinkjones
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ok then...
- 1 year ago
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mrsitssopinkjones
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noxidereus
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This is the kind of big government that Republicans love. The one and only kind of "big government" that they don't love is anything that cuts into corporate power and profits (taxes, regulations). They love big government that cracks down on the little guys.
- 1 year ago
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noxidereus
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Paisano1
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Michigan State Police Statement on Use of Cell Phone Data Extraction Devices
"Infosec Island received a Twitter message from the Michigan State Police regarding an article about the MSP using data extraction devices to collect information from cell phones of motorists detained for minor traffic infractions. The official statement from the MSP is as follows..."
https://www.infosecisland.com/blogview/13248-MSP-Statement-on-Use-of-Cell-Phone-...
- 1 year ago
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Paisano1
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iowawashington
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Many states have enacted texting-while-driving bans. I suspect that the request for phone information is to enforce those bans. Just say no. You have the right to demand a search warrant before submitting to a search. If you voluntarily give up your rights, there's no one to blame but yourself.
- 1 year ago
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iowawashington
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Paisano1
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Wait - it gets worse, way worse:
Hidden iOS File Records Tracking Information
"Anyone who gains access to this single file could likely determine the location of the user's home, the businesses he frequents, the doctors he visits, the schools his children attend, and the trips he has taken over the past months or even a year..."
https://www.infosecisland.com/blogview/13247-Hidden-iOS-File-Records-Tracking-In...
- 1 year ago
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Paisano1
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Mark701
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Hmm. They can pound sand. I'd rather smash my cell phone on the ground in front of them. If I spend a night in jail because of it, that's a small price to pay to keep their grubby paws off my personal information.
- 1 year ago
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Mark701
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bailey78
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Mark701:
I feel the same way. Big Brother is getting to big and needs to be brought down
- 1 year ago
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bailey78
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Jake_Leonard
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You're practically crazy if you think the government is going to miss the opportunity to take advantage of the the fact that almost everyone in the U.S. has what is essentially a personal location and data tracker.
It's a shame, but they got me. I cannot really get by without one. But I'm going to keep using this brick as long as I can.
- 1 year ago
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Jake_Leonard
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mspray11
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Here is some more bad news on the topic of big brother in your phone,.
http://news.cnet.com/8301-13579_3-20055885-37.html?part=rss&subj=news&ta... - 1 year ago
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mspray11
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August_K
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Apple tracks your location in iOS 4, without your permission
"Researchers Pete Warden and Alasdair Allan have discovered that iPhones and 3G iPads regularly record your position into a hidden file called consolidated.db. Ever since you upgraded to iOS 4, your device has been storing a long list of latitude-longitude coordinates and timestamps. The coordinates aren't always exact, but there are typically tens of thousands of data points.
The location is likely being determined by cell-tower triangulation, either triggered by traveling between cells or activity on the device itself. Furthermore, all this data is being stored across backups, and even device migrations, according to O'Reilly.The presence of this data on your iPhone, your iPad, and your backups has serious privacy implications. To make matters worse, the file with said data is unencrypted and unprotected, and it's on any machine you've synced with your iOS device. If your device is stolen, the perpetrator can jailbreak it and easily access the file in question, and will be able to see where you've been over the last year, since iOS 4 was released.
Cell phone companies have always had this data, but it takes a court order to access it. Now this information is sitting in plain view, unprotected from the world. If you want to protect your data, you can encrypt your backups through iTunes (click on your device within iTunes and then check "Encrypt iPhone Backup" under the "Options" area). Warden and Allan also built iPhone Tracker, an application that lets you look at your own data. The application and its source can be downloaded from petewarden.github.com/iPhoneTracker.
The good news is that there is no evidence to suggest this data is leaving your custody. Still, it's not clear why Apple is gathering this data, although the way it is implemented shows that it is intentional. Apple has yet to release a statement in regards to this issue. "
http://www.techspot.com/news/43408-apple-tracks-your-location-in-ios-4-without-y...
- 1 year ago
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August_K
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Yam_Soup
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w
t
f
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- 1 year ago
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Yam_Soup
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PeteLeS33
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Really! Can they invade our priviacy any more? What's their next step, checking our assholes for contraband?
- 1 year ago
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PeteLeS33
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mickyjon420
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This just goes to show that the populace is put in fear every day on that we are guilty until proven innocent at every and all times.
- 1 year ago
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mickyjon420
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ozoneocean
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Eh, I'm sure there must be a few encryption products out there that make these searches irrelevant. Extracting data is useless if you can't read it.
- 1 year ago
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ozoneocean
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Frosty46
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WE can thank the thugs who did 911 for this assault on our rights, one big thank you to the Bush Crime Family! Just part of the bounty from murdering your own fellow citizens in the name of fear mongering, a tough business--for the victims.
- 1 year ago
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Frosty46
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ninetyseven
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THE 4TH AMENDMENT
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment's protections do not apply when the searched party lacks a "reasonable expectation of privacy".
The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.
OK ...certain searches and seizures violated 4th amendment.
any interpretations ? - 1 year ago
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ninetyseven
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aj727b
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ninetyseven:
At a border crossing, there is a presumption that one will be questioned, searched, and asked for identification papers. That is why the courts ruled that computers and phones could be searched -- there is no expectation that one has privacy crossing the border. It is a far different thing for police to search the devices of a motorist or pedestrian out in public. No reasonable person expects to be subject to unwarranted monitoring of their phone or text activity, even if they are being detained for a traffic stop. Therefore, any U.S. court SHOULD hold that this practice violates the 4th/14th Amendment protections of the individual who would reasonably expect the privacy of the data held on their phone. In the absence of EXIGENT CIRCUMSTANCES (such as a clear danger to public safety) there is no legal authority to search -- i.e. if the officer has PROBABLE CAUSE to believe the phone holds the location and identity of a suicide bomber about to murder people. Certainly any prosecution built upon evidence from a search of one's personal data would be what is known "fruit of the poison tree"... in other words: it could be thrown out of court. One concern is that such monitoring occurs secretly and the information is used by police to investigate people improperly and fabricate more legal-seeming evidence.
- 1 year ago
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aj727b
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mapczar
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aj727b:
Actually, there is one way to guarantee an expectation of privacy at a border [or government jurisdictional boundary such as entering a Federal Building, military base etc.]. You can decide to NOT cross the border or boundary. They can not search you unless you give consent as a condition to cross. It is an implied consent. But it must be done at the crossing point, not just within the area of control.
- 1 year ago
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mapczar
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Iwojimadog
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they do it in rochester new york
- 1 year ago
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Iwojimadog
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Iwojimadog
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time for a revolution people !
- 1 year ago
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Iwojimadog
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ninetyseven
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Wonder what state ?
- 1 year ago
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ninetyseven
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Warren_Merrill
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The original intent of gathering data from cell phones was marketing (see recent iPhone articles). As we can see in this article there's always room for abuse. I haven't done the research since seeing this article earlier today. I don't see how gathering information from cell phones is not a violation of the 4th amendment.
- 1 year ago
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Warren_Merrill
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theknopfknows
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I HEARD THIS TODAY ON THE ALEX JONES SHOW!
You know I never take my phone in public,
only use it on the property never off property.
I am not a big fan of cell phones,
yes they are necessary, wireless, but I never go in public with the phone,
so no one can ask for my phone.
Sorry officer do not have a phone but here is my gun, bang!
HATE POLICE STATE,
I was born in old Europe,
Vienna right after the war,
Austria went from Hitlers Hell to Satanic Stalin, so police beware. - 1 year ago
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theknopfknows
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Ragan
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Thecorporations who are designing and selling the machines that are meant to completely destroy our freedoms are surely being paid outrageous awards for every little bit of destruction of American Liberties. Where has the article on search and siezure gone to. Although many people do not feel the pressure of the police state directly, you may soon yet learn from such as the Egytpians that democracy is not the result of American installed dictators, but the strong desire to be free and comfortable without the wealth and riches of the wealthy elite.
- 1 year ago
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Ragan
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ninetyseven
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Ragan:
Wow Ragan..That was very well said.Especiall the "Strong desire to be free part".
- 1 year ago
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ninetyseven
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BenjaminDover
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They are turning our technology into snitches on our activities. That V-chip they built into our TVs is really a camera to see what you're doing.
- 1 year ago
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BenjaminDover
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JogiRob
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I'm going to throw my flame suit on to state the following:
The way I see it it is a way for cops to prove you were either on the phone or texting. People are so shady they will lie to the laws face in order to get out of the ticket. If you did the crime then own up to it. Yes texting while driving is illegal for a reason. It gets people KILLED.Also mapping out somebodys past locations is good evidence for somebody accused of a crime. Do you guys want a criminal out on the streets because the law couldnt get enough evidence against them. Its already hard enough to get low lifes prosecuted.
I've got nothing to hide.
- 1 year ago
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JogiRob
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Paisano1
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JogiRob:
I agree with your points about the quality evidence mobile phones can provide in the investigation of a crime, but the issue here is that they are collecting the data when no crime has been committed - that is to say that a moving violation in a vehicle is a minor offense that is not worthy of a criminal trial before a jury of one's peers. If there is an accident, sure - an accident with a fatality, definitely. no one will stop law enforcement from getting that information from the phone or from the service provider for prosecuting a crime, but these kinds of fishing expeditions where no crime is being investigated clearly violate the Fourth Amendment.
- 1 year ago
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Paisano1
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JogiRob
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Paisano1:
Correct. I suppose there are always those on a powertrip doing things just because they can. Like its been so often discussed its a fine line between government intrusion and our safety and I guess everyone has their own taste.
- 1 year ago
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JogiRob
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xhuffpo
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JogiRob:
So then i suppose that the authorities can search your house because if your gas stove or electric clothes dryer is hooked up in a manner that does not meet code that may kill people and while they are there let them look in your closets and desk and kitchen cabinets. This would be okay with you because it may find a crime and it may save someone?
Do you know about the 4th amendment?
Having nothing to hide has nothing to do with it, it is about proving your innocence without any related charge of a crime. - 1 year ago
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xhuffpo
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ninetyseven
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JogiRob:
Also well said jog...double sided blade there...catch the criminal ...lose some privacy.
- 1 year ago
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ninetyseven
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Warren_Merrill
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JogiRob:
If the police think they have a crime suspect THEN they can get a warrant to seize the cell phone and extract the data. You may think you have nothing to hide. But someone in power with a different belief system may think differently.
- 1 year ago
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Warren_Merrill
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Milieu
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Warren_Merrill:
Just had 3rd Heart Attack: On my way to the Cardiac Unit Right now
WM and I actually agree on something. Actually voted him up - - The End Is Near.
- 1 year ago
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Milieu
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mapczar
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Warren_Merrill:
Jeepers, you are starting to type like a lefty WM. Voted up.
- 1 year ago
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mapczar
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Warren_Merrill
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mapczar:
One might argue my point leans to the right. It's about freedom. Regardless it seems to be a violation of the Constitution.
- 1 year ago
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Warren_Merrill
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mapczar
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Warren_Merrill:
Why is it that the people on the right think they alone are for freedom when all you really mean is economic freedom for some? In fact, a good argument could be made that the right is about conformity, not universal freedom at all.
But I do agree THIS ISSUE is about the constitution. On that we can agree.
- 1 year ago
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mapczar
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SpencerTreeGarden
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Officer: Hello sir, do you have anything illegal in the car and also can i see your phone?
Person: I do not have anything illegal in the car officer and i believe i have forgotten my phone at the house.
Officer: What do you mean you believe you forgot your phone at the house?
Person: Well i was trying to get to the local wal-mart for some motor oil and cheap ice cream and when i went to look it up in my phone i had realized i might have left it at home since it was not in my pocket. Can you point me in the right direction?
Officer: Will i have to shoot you?
Person: ahhh what?
Officer: Move along i need to find some colored people to shoot.
- 1 year ago
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SpencerTreeGarden
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jubal
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The forces of big brother billionaire cabals are terrified that ordinary people might be organizing a revolt against their tyranny.
- 1 year ago
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jubal
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Warren_Merrill
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jubal:
You're paranoid. This is local government.
- 1 year ago
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Warren_Merrill
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letsliveinpeace
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Why don't they do some real work, Like stopping TSA officers from pat-downs on 6 year old little girls. Go check out TSA video.(m_(*&*()*&)*()
- 1 year ago
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letsliveinpeace
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COMMONSENSEFORCOMMONGOOD_COM
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I'm with the ACLU all the way to the Supreme Court on this one. Even though it is Robert's court, I want to hear the ruling on this one. This is the fang of Big Brother that we need to break off and drive through it's own heart!
- 1 year ago
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COMMONSENSEFORCOMMONGOOD_COM
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CCorsair
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and people laugh at me fore not having a smart phone ... ya who's laughing now ..not ports to scan n data but phone numbers none of which need to be hidden. No text message other than from the company I get my service from..nothing to hide nothing to scan or trace... a basic phone that's it ..
CC
- 1 year ago
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CCorsair
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COMMONSENSEFORCOMMONGOOD_COM
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CCorsair:
that's a thought,,,but we shouldn't have to avoid smartphones because the police state is after our data!
- 1 year ago
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COMMONSENSEFORCOMMONGOOD_COM
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uShine [removed]
- This comment was removed by its owner.
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uShine [removed]
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letsliveinpeace
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uShine:
Agreed!
- 1 year ago
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letsliveinpeace
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lazloman
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This sort of thing has to stop. This is supposed to be a country where privacy is king. But it seems big brother doesn't see it that way. Analyzing everything on someone's phone? I think there needs to be a reading of Orwell's 1984 on the floor of the Senate and broadcast nationally. Maybe even make it required reading in high school. Everyone needs to understand what's going on here.
- 1 year ago
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lazloman
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Leen61
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I just said under bundlebear's thread the other day that cops are getting way out of hand. Here's just another example and it's the last thing MI needs. There is no reason or need for the cops to search cell phones during traffic stops. They just want to be bullies. This country looks more like 1984 everyday.
- 1 year ago
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Leen61
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SoCalFramer
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This is illegal and will be ruled as illegal by the supreme court when it goes to trial. If they have ruled in it's favor it will be overturned in the future. It is illegal.
- 1 year ago
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SoCalFramer
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ampersand
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This is really disturbing news. No only the violations of well-established Constitutional privacy laws, but the resistance of Michigan police to responding to serious legal inquiries into the practice.
No, we don't need to stay away from Michigan, we need to go there and find out what the hell is going on. - 1 year ago
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ampersand
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bluestranger
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ampersand:
As long as SCOTUS remains $5 vs 4, I don't see it happening.
- 1 year ago
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bluestranger
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ampersand
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I wasn't able to get to the link for this article, but it's really piqued my interest to see on what Constitutional basis Michigan police believe themselves empowered to violate well established privacy protections in a traffic stop.
- 1 year ago
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ampersand
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mapczar
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Speaking of loss of civil liberties in Michigan. Gov. Snyder just exercises his new authority to wave away your locally elected government and replace it with a hand selected minion of his own in Benton Harbor so they could develop beach front property into a PGA Golf Course.
Fascism is marching along right nicely and the American people appear to be going along with it just like Germans and Italians did 80 years ago. Its call willful totalitarianism.
After all we have Bibles, happy meals and 1000 channels on the TV -- what else do we need?
If these type of things don't make the left reconsider the wisdom of the Second Amendment, I'm not sure what will.
- 1 year ago
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mapczar
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totally_dilapidated
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mapczar:
Benton Harbor needs to get the law in on this one. If Wisconsin can put a hold on Scott Walker's law, then Michigan needs to do the same.
- 1 year ago
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totally_dilapidated
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Leen61
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mapczar:
I heard about this shit in MI on Rachel. Just horrible.
- 1 year ago
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Leen61
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Leen61
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totally_dilapidated:
I agree.
- 1 year ago
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Leen61
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Milieu
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Well, if I ever go to Michigan (not gonna happen while King Kasich is on the Throne) I Will not be carrying a cell phone and I'd never own GPS.
I love the "Small Government Republic Syndicate."
- 1 year ago
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Milieu
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Schnookums
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Milieu:
I was just going to ask how this fit in with the "smaller, less-intrusive government" meme.
- 1 year ago
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Schnookums
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mapczar
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Milieu:
Kasich is the Governor of Ohio, not Michigan. You are thinking of Rick Snyder.
- 1 year ago
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mapczar
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mapczar
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Milieu:
BTW, most cell phone have GPS nominally so they can trace 911 calls.
- 1 year ago
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mapczar
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bailey78
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mapczar:
But the cheap phones don't
- 1 year ago
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bailey78
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bla_bla_bla
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bailey78:
You don't need GPS to track a cell to it's basic area. It's more exact with GPS but you can figure out where someone is down to a few blocks most of the time with just the cellular connection.
- 1 year ago
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bla_bla_bla
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bailey78
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bla_bla_bla:
I know about tracking phones from towers but that just puts Ya in the same area. Around here thats a lot to cover.
- 1 year ago
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bailey78
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Warren_Merrill
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Milieu:
Update. Kasich is the governor of Ohio. Snyder is the governor of Michigan.
- 1 year ago
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Warren_Merrill
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oldbanjo
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mapczar:
If a phone takes pictures the location of the pictures are available unless you disable it. Thrives can look at your pictures and locate where you live and locate whatever you took a picture of, guns, new TV whatever.
- 1 year ago
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oldbanjo
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oldbanjo
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bla_bla_bla:
They showed on TV how you could take a picture with your phone and a thief could drive to your house from data provided with the picture, unless you disable it.
- 1 year ago
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oldbanjo
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aj727b
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bailey78:
The cheap ones DO have cell network based location however. Not within a couple feet like GPS, but they know what neighborhood you are in based on just the cell towers you are near.
- 1 year ago
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aj727b
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Milieu
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mapczar:
Yeah, that's what I get for trying to multi-task.
- 1 year ago
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Milieu
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mapczar
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Milieu:
Been there myself ... no harm. Just helping to keep the record straight friend.
- 1 year ago
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mapczar
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bailey78
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aj727b:
Yes that can be done with any cellphone type device.
- 1 year ago
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bailey78
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Johnny_Los_Angeles
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at least its in michigan
i would not allow that to happen to me here its crazy
noneyodamnbiznes - 1 year ago
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Johnny_Los_Angeles
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bailey78
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Johnny_Los_Angeles:
just wait it is comeing to Your State Next.
- 1 year ago
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bailey78
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mapczar
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Johnny_Los_Angeles:
" i would not allow that to happen to me here"
That is what they said when they arrested the Socialists in Germany in the 1930s.
That is what they said when they arrested the trade unionist in Germany in the 1930s.
That is what they said when they arrested the Communists in Germany in the 1930s.
That is what they said when they arrested the Gypsies in Germany in the 1930s.
That is what they said when they arrested homosexuals in Germany in the 1930s.
That is what they said when they arrested the Jews in Germany in the 1930s.Don't be so naive.
- 1 year ago
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mapczar
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bailey78
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mapczar:
But He will stand-up to the System and fight it with all He has to fight with. the whole time they are beating his brains out with a big stick or Zapping him with the Tazers. Yes I said Tazers as in more than one. The first two will be missfired and the third one will be just in case. You know just to be sure you don't do it again.
- 1 year ago
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bailey78
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bailey78
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just one more reason for me to have a ten dollar phone. that can be broke as soon as the lights come on.
- 1 year ago
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bailey78
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mspray11
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bailey78:
The funny thing about this is that the newer pda/phones already have the ability to upload everything without you knowing it. The cops are being kind of antiquated. If what is said is true that they don't need a search warrant, then what stops them from being in co-hoots with Verizon and the like? If all of their ducks were in a row, all it would take is a phone call telling them to remotely grab the local data off of this particular phone. There is what is called a ESN number on your phone that is all they need for duplex porting or streaming. That is a unique number identifying you to whoever has the technology. If memory serves, when I was installing 911 systems, there was talk of implementing 911 2.0 which was GPS linking to all phones. I think they even had a target date for all phones to actually have it whether we liked it or not. That was 7 years ago now. Welcome to Web 3.0?!
- 1 year ago
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mspray11
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bailey78
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mspray11:
I have tried My phone out twice in diffrent towns it can not be tracked by gps. That I am sure of.
- 1 year ago
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bailey78
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Paisano1
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bailey78:
Not by GPS, but by simple triangulation from the nearest cell towers. Your phone, when on, is always sending a signal to the nearest tower, that's how it knows where you are when you get a call or a text.
- 1 year ago
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Paisano1
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mspray11
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bailey78:
I haven't had at cell phone for a while now, but I am sure glad to hear that the older stuff is still out there. Maybe the money hasn't been there for the proper infrastructure to complete that phase.
- 1 year ago
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mspray11
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bailey78
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Paisano1:
I know to turn my phone off when not in use
- 1 year ago
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bailey78
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bailey78
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mspray11:
I hope they never finish it
- 1 year ago
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bailey78
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bla_bla_bla
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mspray11:
Uggh....good point. Defiantly this ability could be easily achieved. Whether it's already implemented or not I am not yet convinced, as I've seen no hard evidence. But this would be the next logical step if you want that data.
- 1 year ago
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bla_bla_bla
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mspray11
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bailey78:
As much as I love technology, that is one of the things that drove me nuts was the extent "the powers that be" will use it to crawl up our asses. Suffice to say I am no longer in that side of the industry.
- 1 year ago
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mspray11
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bailey78
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mspray11:
I have never been on that side.
- 1 year ago
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bailey78
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mspray11
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bailey78:
Hey, now here is some technology that works in our favour, funny.
http://science.slashdot.org/story/11/04/21/1847238/Speed-Tickets-Challenged-Base... - 1 year ago
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mspray11
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bailey78
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mspray11:
Any time someone gets to them I'm happy.
- 1 year ago
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bailey78
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littlwarrior
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Well thats intrusive, I mean the worst they are going to find is some porn, but still disturbingly intrusive, at least rummaging through my phone they wont find anything illegal but it might put these poor N. Idaho cops into therapy, I get that there are some things some people just dont want to see, but you shouldn't be on my phone if you dont want to see what I do in the darkness with my droid. OMG I would laugh so hard I might just die.
- 1 year ago
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littlwarrior
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moodyblue
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This is troublesome. If these things were not being used inappropriately I doubt the police would have a problem releasing the information.
- 1 year ago
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moodyblue
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Dagum
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What gave them probable cause to search random peoples phones?
- 1 year ago
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Dagum
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Paisano1
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Dagum:
That's just it - the courts are saying there does not need to be "probable cause" to search electronic devices. Fourth Amendment Rights: FAIL. Same thing with using GPS tracking in investigations without a warrant or court order:
Feds Want Supreme Court to Allow Warrantless GPS Tracking
"The court of appeals’ decision seriously impedes the government’s use of GPS devices at the beginning of an investigation when officers are gathering evidence to establish probable cause and provides no guidance on the circumstances under which officers must obtain a warrant..."
https://www.infosecisland.com/blogview/13164-Feds-Want-Supreme-Court-to-Allow-Wa...
The Fourth Amendment is taking a serious beating from technology...
- 1 year ago
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Paisano1
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bailey78
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Dagum:
Welcome to the Police States of America. Papers Please.
- 1 year ago
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bailey78
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timetide
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bailey78:
>..< dammit i knew I shouldn't have visited arizona with a tan
- 1 year ago
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timetide
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bailey78
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timetide:
Papers Please and are those your rolling papers? Sir we are going to need to search this Vehicle
- 1 year ago
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bailey78
