Police Officers Can Search Your iPhone Following Arrest For A Traffic Violation
from the fourth-amendment dept
Adam Gershowitz writes "I am a criminal law professor from Houston, Texas and I have recently finished an article about the ability of police officers to search the contents of a person's iPhone at a traffic stop. In brief, under what is referred to as the "search incident to arrest doctrine," police can search through any container found on the body of a person who has been arrested. It does not matter that the arrest was for running a stop sign, or speeding, or some other seemingly minor traffic infraction. Regardless of the reason for the arrest, police can search through every container on the person's body, even if the police have no suspicion that there is anything illegal in it. A few courts have concluded that this doctrine permits police to search text messages found on cell phones. My article explores the circumstances under which police can now search not only text messages, but also the email, pictures, movies, calendar entries, and internet browsing history found on iPhones and similar devices -- even if the police have no suspicion that there is anything illegal on the iPhone. In short, the article explores ways in which the police can search through the thousands of pages of data on individuals' wireless technology even if there is no probable cause or other suspicion of illegal activity."
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Filed Under: fourth amendment, iphone, police, privacy, traffic stop
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arrest
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Re: arrest
It's called a non-custodial arrest, which is what happens any time you are pulled over or a cop stops you walking down the street.
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Re: arrest
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Re:
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Re: Re:
The world laughs at you,... fanboy!
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Re: duh
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C'mon techdirt, you can do better... sometimes.
He essentially says - if you are arrested, you can be searched. The exploration of where the boundaries of this search are, particularly as we continue to carry more historical and personal data on our person is an interesting matter - but to try to draw attention to it by saying "They'll do it to you at a stop light!" is ridiculous.
And I hate governmental authority, this is just stupid.
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Re:
Who, other than your own straw man, ever said that?
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Passwords
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Re: Passwords
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Re: Re: Passwords
Don't think it matters, and you have nothing to hide? What happens when a mistake is made, or someone "under suspicion" dials your number instead of the number they were trying to...now you and everyone you call is under suspicion too.
But of course no one in law enforcement would EVER utilize the powers they have for political, religious, or any other than completely legitimate purposes, right?
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Headline grabber?
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Re: Headline grabber?
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what was that movie...
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Awww
You wonder about the people obsessed with "privacy".
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Re: Awww
Hey dorpus, what do YOU have to hide? Come on, give us your real name and location.
Yeah, I thought so. Freaking hypocrite.
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Re: Awww
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Re: Awww
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Re: Awww
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It's True
When I emptied my pockets of a lighter and a cell phone, the officer picked up the phone and browsed my call history. I asked why and was told there had been drug activity in the area and he was looking for known drug dealer phone numbers. If he had found one, he would have had probable cause to search the car too.
Leave the phone in the CAR and they cannot search it or the car without your consent. Password protect your phone too. If they really want the password they'll need a warrant. If you don't want to give them the password with a warrant, pull a Ronald Reagan/Alberto Gonzales and say, "I don't recall." They can't proove otherwise, can they? :)
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iPhone
No, yet another reason to get involved and fight for the Constitution before there's nothing left. An exception here, a loophole there, and pretty soon we're a tyranny in all but name.
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Oh, right. Page views.
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Arrest
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This is not up to your usual standards
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You are being detained, not under arrest.
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Re: Arrest
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Re:
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Automatic download
If it becomes expected to have all of your personal belongings (physical and data) searched in certain situations then it's going to be expected that a officer "on the beat" can't do that personally. He could however carry a device with a common interface that would duplicate all the data for someone else to review.
When that happens the big question will be "who has access to the data," and "what happens to it when they are done?"
Being the capitalistic person I am, I can see a great opportunity for a new business. Now if I could just purge out those pesky morals...
Shane
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Re: Automatic download
...traffic cops and cities will simply get their councils/legislatures to pass laws that say you will unencrypt/make available that data for them upon request or relinquish your freedom (ie jail)...
don't believe it? yeh well, if you ever get pulled over under suspect of driving under the influence (regardless if you actually are) they can force a breathilizer (in most states) or take you to jail... i don't see this as much different. its called "guilty until proven innocent".
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Re: Re: Automatic download
Wow, if this isn't a conspiracy theory then I have no idea what is. Cops do NOT go out of their way to incriminate innocent people.
don't believe it? yeh well, if you ever get pulled over under suspect of driving under the influence (regardless if you actually are) they can force a breathilizer (in most states) or take you to jail... i don't see this as much different. its called "guilty until proven innocent".
First off, they can not force a breathalyser on you. It is your option in every state to ask for a field test rather than a breathalyser. Second of all, if they do stop you and you fail either test, THEN they take you to jail. They don't just cart you off and ask questions later.
Third, passwords people. They were invented for a reason.
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Re: Re: Re: Automatic download
History says otherwise. Do some reading.
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Re: Re: Re: Automatic download
in new york anyway.
also you will probably be convicted anyway as its an admission of guilt.
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For example, the case involving the crumpled up cigarrette pack would have ended up differently if the person was originally patted down during a stop and frisk. Under those circumstances, absent PC to believe that the lump in his pocket was contraband or a weapon (the "plain feel" doctrine), they would not have been permitted to search in the pocket, much less open the package up.
The article is well written and definitely brings up an interesting topic--one which the Court will hopefully address in the near future. I'm no "privoacy advocate," but I do think that we should always be critical of our government's ability to conduct unfettered searches of our person, homes and possessions.
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not constitutional
This was a long way to say this article was completely false. Any evidence gathered by an officer searching contents of a phone during a traffic violation will be tossed out of court. If you give the officer permission (which just about everyone does eventhough they say they never would) all info is fair game.
Now if the officer found dope he is then able to search items realted to dope sales. For instance a pay/owe sheet is very common, so any papers or tablets are fair game. In the electronic age, a PDA would also work. And yes phone number of drug dealears are evidence to.
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Re: not constitutional
So, are you saying that the law professor was lying or that you just know more about the law than he does?
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And if you dialed a wrong number? you can be jailed for that mistake?
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Re:
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Re: Re:
"DUDE, need weed."
"come to arby's"
less than 10 seconds.
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Re: Re:
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Police and Tech
I wouldn't worry about it. Just lock your phone if you are worried about them seeing your drug deals. Other than that, if they screw your phone up, you can be the next big article on Techdirt. Police deletes emergency information from a routine traffic stop. LOL
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Re: Police and Tech
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Re: Police and Tech
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Re: Police and TechREI – Shop Outdoor Gear by Recreational Equipment, Inc https://appsto.re/us/Rlyiy.i
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iPhone Pimps
C'mon techdirt. You're three more cr@ppy articles away from being removed from my google start page.
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Police State
Most Cops don't give a damn what your doing when your stopped for minor violations.
There's those few Cops out there that have that God syndrome that will do this to you, but as long as you kiss @$$, they usually leave you alone.
I say, instead of packing an iPhone, Pack a 9,
That way you can pop a cap in his @$$.
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Oh, and just where do you have to live to get arrested for running a red light? What kind of dirtball do you have to be to get arrested for that?
That being said, a friend of mine told me that you should never answer questions from a cop or a prosecutor without having a lawyer present. More people talk their way into getting arrested than not. My friend was a cop. Not bad advise.
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location of phone
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Cellphones - Policemens best friend.
Video phones and Picture phones are VERY important to Gang Units as they often times contain evidence of illegal activity.
Many gang fights, vandilism and thefts have been solved simply by the evidence contained on cellphones.
Cellphones are more and more becoming an important tool in the Police officers arsenal.
I don't do anything illegal, so they can search my phone, my car, my house, my trash, etc. -- I have nothing to fear.
Remember, Privacy is a more recent invention of society. When communities were much smaller, you had very little privacy. Everyone knew what everyone.
Multi generations lived under one roof, often times in homesteads... it is only recently, maybe in he last hundred or so years that people have privacy.
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Re: Cellphones - Policemens best friend.
> maybe in he last hundred or so years that people have privacy.
That's what is commonly known as progress.
The fact that a freedom is relatively recent hardly diminishes that freedom. The emancipation of blacks and the ability of women to vote are also relatively recent (historically speaking). That doesn't make those freedoms any less valuable.
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Re: Cellphones - Policemens best friend.
What's your full name?
How many sexual partners have you had?
Are you homosexual?
Have you ever had homosexual thoughts/tendancies?
How often do you masturbate?
Nothing to fear, right?
Please explain what privacy has to do with fear or illegal activity.
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Re: Cellphones - Policemens best friend.
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Container vs Portal
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Rights
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BUT we have the RIGHT to privacy
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Re:
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cops
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Re: cops
They give far more than they take. Try actually giving one the same attitude they give sometime and see what happens. It won't be nice.
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Wow, some of you people.
get out of the US now. you do not belong here.
"...traffic cops and cities will simply get their councils/legislatures to pass laws that say you will unencrypt/make available that data for them upon request or relinquish your freedom (ie jail)..."
I think there was just something recently (within the week) where a judge ruled that the court could not force one to give up an encryption key/password. don't know at what level that was though.
And as for the DUI/Breathalyzer thing, they can't force you to take a breathalyzer. I think it's called "implied consent" in most states, where when you sign the forms to get your DL you say you will consent to a breathalyzer when asked. Don't consent, you're violating the terms of your DL and it gets taken away.
"I say, instead of packing an iPhone, Pack a 9,
That way you can pop a cap in his @$$."
No, TC Encore. Single shot pistol but it comes in many different rifle-cartridge chamberings. .30-06 will sail right through a ballistic vest.
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Re: Wow, some of you people.
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Texas only?
1. This article is based on Texas laws. One would hope that in other states saner attitudes are customary. Does anyone know?
2. If a cop pulls you over in Texas, take your cell out of your pocket and place it somewhere else, hopefully out of direct reach from you, BEFORE you come to a stop. That way they need your consent or a search warrant to get at the contents of your phone, which is how it should be.
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Other Constitutional rights
It is not a reason however to be fearful. Encryption is available to all of us, and has already been declared an "arm" (weapon) that one might use for self-defense. Personally, I don't think I even want a portable device that can't be "armed".
Note: While it is our 4th amendment right to not be subjected to unwarranted search and seizure, it is our 2nd Amendment right to be armed with encryption, and it is our 5th amendment right to not disclose the password. The wise citizen may well decide not squander any of his rights.
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they could
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ACLU scare tactics
This is true "subject to arrest". I've never seen anyone "arrested" for speeding or running a stop sign (unless it was in the course of evading arrest for some other crime). If a person is arrested for a crime, say DUI for example, then subject to this arrest, his vehicle and person can be searched.
This is normally done to locate potential weapons, drugs, and other illegal substances. If in the course of this search, other things are found, such as child pornography or bomb making tools or meth-lab items, then more charges are added to the subject.
For any search, the officer must be able to articulate the reason for the search, or the search is invalid.
The only way I could see someone's PDA searched due to traffic arrest would be something like the following:
Mr. Smith was stopped for suspicion of DUI. After failing his field sobriety test, he was subsequently arrested and his person and car searched for possible drug paraphernalia. During the course of this search, several photographs meeting the definitions of "Child Pornography" were discovered. Subsequent to this find, a computer, digital camera, and PDA were also confescated and sent to the FBI lab to be searched for related material.
No real peace officer is going to search your PDA at road side. If he does, anything found is no longer admissible, because accessing a file changes the date-time-stamp of the file.
Electronic devices discovered during a search that are deemed provitave to the crime in question are always confiscated "as is" and sent to Law Enforcement computer labs for "searching".
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Is that all that difficult?
As for the ones talking about shooting cops, personally, you don't deserve any rights. You have them, but you sure as hell don't deserve them. Those are the dirtballs that deserve the redneck cop coming up to them and beating the shit out of them.
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encryption and the 5th
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God bless America
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Whatever...
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Creepy Pigs
"Wow, if this isn't a conspiracy theory then I have no idea what is. Cops do NOT go out of their way to incriminate innocent people."
Your perception of reality is pretty flawed my little friend. Cops serve only to generate review in most capacities, as far as protecting and serving goes it's really only theater, based on your obtuse analysis of their purpose, it appears that they're putting on a good show.
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Re: Creepy Pigs
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http://www.flexyourrights.org/traffic_stop_scenario
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How many sexual partners have you had? (You keep that in your phone? Hell, I would need a extra storage card for that)
Are you homosexual? (No, not that there is anything wrong with that)
Have you ever had homosexual thoughts/tendancies? (for that they could just search your public blog)
How often do you masturbate? (I don't use my phone for that, so think thats safe)
My advise to you if you live in an area where cops care or have the time to ask these questions? Move.
Here is a question, I see cops every day when I go to work in both New Jersey and NYC. Sometimes I say hi to them, never had a problem, never received rude treatement. What kind of scumbag must you be where cops go out of the way to give you a hard time? What, are NYC and NJ cops just especially nice?
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Constitutional Fundamentals
And how have breathylyzers and field tests not been thrown out as 5th Amendment violations against your right NOT to offer evidence against yourself ?! Seems to me the only evidence for drunken driving against someone should be officer observation of erratic driving or worse. [But this isn't the main topic here so enough of that.]
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POLICE HAVE BEEN DOING THIS FOR A GREAT DEAL OF TI
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Wow The New World order in action
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what the?
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what about this?
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arrest without warrant
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strip search?
I hope you dont mind having a regular, detailed search, causing you to be late for work a couple hours every day, im sure your boss wont mind. and what i mean by detailed, well lets just say it involves those little white medical gloves. now bend over and cough or are you a terrorist?
hope you dont mind swat throwing a few flash bangs in through your windows and kicking in your door at 3am, do you? or are you a narc dealer?
show me a business that has no secrets and i'll show you a business not worth profit. show me a person with nothing to hide and ill show you a prisoner, a tyrant's slave or a man otherwise denied freedom.
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Search and Seizure of cell phones
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And my devices are all password locked encrypted hacked and everything else, and i will not give up my privacy to some retarded cop, judge, or government that wants to look for any reason!!! :D
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I got stopped by the police because I missed to break at the stop sign
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Arrested - cops took cell phone, flashlight and DL
One of the Officers reached into the TCP registered Commercial vehicle, unlocked and open my door asking me to come outside as they just wanted to ' talk ' after noting that he felt threated by the flashlight I had in the passenger seat.
I was handcuffed and put into one of the 7 culver city police cars, not read my rights, they swarmed the vehicle, took my wallet, flashlight, cell phone. then had a k9 dog run all through the car, took me to jail where I was booked for a DUV?
The next morning I was given my belongings and immediately got back to the car ( thankfully not impounded as I was parked in a private parking lot) I noticed my Drivers License and Cell Phone and flashlight were not returned and headed straight back to Culver City Police where I was told that I wouldn't be getting my things back due to the controlled substance they found in the backseat of the vehicle.
Now I'm left with no job, having to deal with setting up an administrative hearing through the California dept. of Motor Vehicle's. and was never given a breathelizer, or any other type of test to prove I was not under the influence. ( while in the parking lot, an officer said he noticed I made an illegal turn some time ago before finding me in the parking lot - a likely story)
Now out of work and having to go to court for a DUI, what can I do? I want my personal belongings back as a result of this illegal search and seizure/gross misconduct/negligence by Culver City Police ( I had a fall a week earlier and am to go into surgery to correct an injury sustained by my left wrist - now made worse by Police refusal to loosen the cuffs ( I did NOT consent to the ' illegal ' search and seizure - a right I'm supposed to have driving a commercial private limo (In California - TCP registered commercial limo's ( ( Transportation Charter Party class Commercial drivers ) are Not responsible for anything in the vehicle and can refuse the Police the right to search the vehicle. I was alone and the some 14 officers' in total who arrived on the scene ( guess they were bored that night) couldn't care less. I asked the officers for their names and personel numbes and was told I'd be provided with them,... I was lied to about " coming outside to talk" I was lied to by Culver City Police that I wasn't being arrested as they put the cuffs on, I was lied to when I was told by the Supervisor on duty that I would be given the names and personel numbers of the officers invovled...
and I'm sure they've gone through my emails, bank, family, friends and private business contacts ( some of whom are celebrity clientele) and Yes, I also drive for UBER.
I don't like that my tax dollars pay officers to do MORE than to ' Serve and Protect', have the ability to take my job away from me on the spot, steamroll over my civil and constitutional rights as an american citizen who served 2 tours of desert storm to fight for the rights that COPS simpoly don't respect....
this might go high profile - any criminal lawyers welcome to contact if UBER doesn't come forth with legal.
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illeagil account tampil illeagil theft of guijkiol gerhuij jiokl kiopu der sef income ger desf weurer yerthtyhu iluo iop msaeasdr went thru every thing forged namis and stole guv collection of ulr workers coluilop colulilouction
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