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Cops’ cell phone searches still OK

October 12, 2011

California law enforcement agencies can continue to search the digital contents of cell phones taken from arrested persons after Gov. Jerry Brown’s veto of a legislative attempt to require warrants for such actions. [SanFranciscoChronicle]

The torpedoed bill’s author, state Sen. Mark Leno (D-San Francisco) told the San Francisco Chronicle today that he is free to re-introduce the bill in January. Leno’s bill would have nullified a state supreme court ruling upholding the warrant-less practice.

Brown said in his veto message that the courts are “better suited” to decide when a search is lawful. His veto surprised privacy-rights advocates and media organizations, which had supported it.

Law enforcement entities worked successfully to undermine it, contending that such cell phone searches often provide valuable evidence for subsequent prosecutions.

Leno first told reporters that he would have to skip a legislative session before he could introduce the bill again, because of house rules. But a vetoed bill is not subject to those sanctions, he said this week.


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If I put a virus on my phone that spreads when someone runs forensic tools on it, and it corrupts a police network, would I be in violation of laws related to hacking and viruses?


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A few years ago, while still in ‘the business’, I attended a course on cracking cellphone passwords. The presenter offered law enforcement a software/hardware crack that gave immediate access to the address list and call info. I imagine the same is true now to access the photo library as contacts, html, and text sent.


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Maybe this would be a prime area for a ballot initiative. Re-affirm 4th Amendment rights for Californians and remove the often abused ‘exigent circumstances” loophole.


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I can say with all certainty that law enforcement would be very disappointed in reviewing my cell phone or my computers. I am very technologically challenged and I am totally OK with that! I don’t Facebook, Tweet, LinkedIn, send personal messages, text messages, or have photos on my cell phone. I am no anti-government “wack-job” but I figured a long time ago that there was a reason our government has not taken complete control of cell phones and the internet, both of which are highly used by its citizens. They are not regulating them because it suits their needs not to. Just let us think we have rights; we really have precious few.


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If you have a phone that has the ability to lock with a passcode do it. iphones not only have this ability, but also the ability to remote wipe the phone, and also wipe the phone if the incorrect passcode is given 8 times.


If taken into custody then use your right to remain silent, including your pin to your phone. Problem solved?


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They cannot compel you to give up your PIN code. However, I wouldn’t trust that the PIN code keeps your iphone very secure. Many times in the past, security researchers have discovered flaws in the iPhone that would allow someone to bypass your PIN code and access your phone. The iPhone pin code is designed to prevent a causal attempt by someone to use your phone, not to keep it secure in the face of a determined attacker with a wide range of technical resources at their disposal.


Also, many people pick easy to guess 4 digit pin codes, The most common values, used by 14% of people in a recent survey, were: 1234, 0000, 2580, 1111, 5555, 5683, 0852, 2222, 1212 and 1998. Many others use their or a relative’s birthday, year of HS graduation, etc.


The best strategy would be to set your iphone to use a passWORD with letters and not a 4 digit number, set your iphone to wipe after 8 wrong tries, and have a friend agree to remotely wipe your iphone (now possible by using iCloud) should you be arrested.


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As a followup example, here is a video showing a very easy way to bypass the iPhone PIN code in a matter of seconds, allowing anyone to access your contacts, pictures, and voicemail:


http://www.youtube.com/watch?v=ugADxS5ol48


This vulnerability was discovered less than a year ago and there are no doubt other ways that have yet to be announced to the public.


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The poplice, the courts, the DA, the public do not care about legal technicalities when exigent circumstances are preceived, I am only condern with LE power to harass and abuse out of arrogance given a carte blanc!


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Correction, I typed it too fast

The police, the courts, the DA, the public do not care about legal technicalities when exigent circumstances are preceived, I am only condern with LE power to harass and abuse out of arrogance given a carte blanc!


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WTF??? Do we just sit back and take this? What path is our society on anyway? Socialism, Marxism???? How in the world is the search of our personal documents, Electronic or not …reasonable. I need an explanation!


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Our government is out of control. We allowed them to trample our constitutional rights and like everything else, “when you give an inch, they take a mile”. We have to get rid of them. The way to do that is to vote in a new party. Vote for Ron Paul in 2012. He will end the Fed as we currently know it and restore rights where rights are provided for in our constitution. It’s not that Fed won’t exist but Fed will be put back into the place that it was intended. Likewise, the states will be forced to uphold our constitutional rights. We will all be much better off once we get rid of these power mongers and special interest that are trampling all over us. We owe it to the next generation to protect and reinstall any of our (now trampled) rights before it’s too late.


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Ron Paul want to END the FED, not mend it.


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“Brown said in his veto message that the courts are “better suited” to decide when a search is lawful”.

Crap, there is nothing for the court to decide, its already made lawful (what is there for the court to decide?)!


“Law enforcement entities contends that such cell phone searches often provide valuable evidence for subsequent prosecutions”.

By the same flip side of the token, essentric LEO can erase evidence of LE abuse and exculpratory evidence even in a traffic citation situation I am aware of (different city).


It is not that difficult nor lengthy to draft out a formated/ template reasonable or probable cause affidavid, and assuredly totally NOT needed when exigent circumstances are obvious, apparent and even reasonably suspected!

Absent of exigent circumstances total free power corrupts.


Only the rich can reverse or correct this, not the middle or lower class.


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I respectfully disagree that only the rich can change this.


Change will happen if someone martrys themselves by standing up against the intrusion of a LEO from searching cell phone contents WITHOUT EXIGENT CIRCUMSTANCES.


It’s bad enough the IRS TAX CODE requires a citizen to record all his business transaction and as a matter of necesity includes all personal transaction, it provides way too much PERSONAL and CONFIDENTIAL information to someone who’s driven to discover crime. It’s a witch hunt tool to look for the boogie man, and they don’t care who gets ruined because of it.


There is way too much PRIVACY INTRUSION into this LEO practice, a clear violation of the 4th Amendment to the U.S. Constitution which reads:


The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


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The majority of new cellular phones being sold are also personal computers. They store a large amount personal or busienss data unrelated to phone calls. It’s only logical that, absent ‘exigent ‘ circumstances, a search warrant should be required before peaking at the files stored thereon.


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