Wise Law Blog: Know That Smartphone (And The Data Stored Therein) What data can be harvested from the typical smartphone?
How can litigators utilize forensics to obtain this data for use in legal proceedings? Two recent articles from Law Pro’s Tim Lemieux and Rob Lekowski of ABA’s Law Technology Today have looked at these questions and offer quite a bit of need-to-know information. The typical mobile device retains information on the locations of all calls, all wifi-networks joined, photos taken, and apps that utilize location services. Text messages – even those deleted – will remain on the device until overwritten, as will browsing histories. Even encrypted data may be accessible. And of course, there will also be all the usual email, documents and other app data that will be readily available from the device, without any forensic voodoo. Four-digit passcodes present virtually no obstacle to forensics experts seeking access to mobile devices, according the the Lekowski article.
Will the Supreme Court Stop Cops From Reading Your Text Messages? In many states, police can rifle through your smartphone—even if you've just been arrested for not putting on your seat belt.
—Dana Liebelson on Tue. September 17, 2013 3:00 AM PDT If you're like many Americans, your cellphone is overflowing with personal information—text messages, emails, photos of your friends and family, an organized history of who you've been calling, private notes, automatic login to your Facebook and Twitter accounts, your favorite music, and even maps of where you like to run around your house. And if you're anything like Mother Jones staffers, you probably keep your cellphone on you at all times. Know Your Rights! Warrantless Searches. There Are Many Fourth Amendment Exceptions to the General Rule of Warrants.
NSA cellphone tracking not covered by 4th amendment. Reasonable suspicion of criminal activity needed. Cops Can Search Your Cell Phones Without Warrants in California. California Allows Warrantless Cell Phone Searches. California Supreme Court (Source: Calcasa.org) Ruling allows for cell phones and other devices of arrested to be searched without a warrant The California Supreme Court ruled Monday that police without a warrant, according to NPR, could search a cell phone of an arrested individual.
California Supreme Court: Law Enforcement Officials May Search Cellular Phones Incident To Arrest : Privacy Law Blog. On Monday, the California Supreme Court ruled that the Fourth Amendment to the United States Constitution did not prohibit a deputy sheriff from conducting a warrantless, post-arrest search of the text messages of an arrestee.
Specifically, the Court affirmed the decision of the Court of Appeal that the cell phone was “immediately associated with [defendant’s] person at the time of his arrest” and was therefore “properly subjected to a delayed warrantless search.” In People v. Diaz, filed on January 3, the Court considered whether the trial court properly denied Diaz’s motion to suppress evidence gathered during a search of his cell phone, which occurred approximately 90 minutes after he was arrested for being a coconspirator in the sale of drugs. Cell phone search needs no warrant, say Cal Supremes. Top 5 truths about Big Data hype and security intelligence.
Gossip from Manhattan and the Beltway to Hollywood and the Valley. This happened to me over the Summer.
I was at the Electric Daisy Carnival, getting the last of my stuff out of my car before my band played at 4pm (I run a record label). Lucky me happened to be at my car as the car-full of krazy kandy kidz (UGH) were busted in a drug raid. Ketamine. They were selling Ketamine. Oh. And naturally because I was in the car next to them, and not ever interacting with them, and not a part of the group thy were clearly following/staking out... Besides the fact that the PIGS that are the LAPD proceeded to throw my friend (who is equally if not more clean-cut than I am, who tried to calmly explain we ran a record label and needed to get back inside before our group went on..) in cuffs for absolutely no reason, throw me against a car, cavity search me without gloves, paramedics, or my rights being read... they ripped apart my car and they tried to go through my CELLPHONE.
Court OKs searches of cell phones without warrant. The California Supreme Court allowed police Monday to search arrestees' cell phones without a warrant, saying defendants lose their privacy rights for any items they're carrying when taken into custody.
Under U.S. Supreme Court precedents, "this loss of privacy allows police not only to seize anything of importance they find on the arrestee's body ... but also to open and examine what they find," the state court said in a 5-2 ruling. The majority, led by Justice Ming Chin, relied on decisions in the 1970s by the nation's high court upholding searches of cigarette packages and clothing that officers seized during an arrest and examined later without seeking a warrant from a judge.
The dissenting justices said those rulings shouldn't be extended to modern cell phones that can store huge amounts of data. They argued that police should obtain a warrant - by convincing a judge that they will probably find incriminating evidence - before searching a cell phone. The U.S. ACLU Sues Over Laptop Border Searches. An Obama administration policy allowing U.S. border officials to seize and search laptops, smartphones and other electronic devices for any reason was challenged as unconstitutional in federal court Tuesday.
Citing the government’s own figures , the American Civil Liberties Union and the National Association of Criminal Defense Lawyers claim about 6,500 persons had their electronic devices searched along the U.S. border since October 2008. In one instance, according to the lawsuit filed in New York, a computer laptop was seized from a New York man at the Canadian border and not returned for 11 days. The lawsuit seeks no monetary damages, but asks the court to order an end to the searches. Laptop search. California Criminal Law blog. Warrantless cell phone search gets a green light in California. The contents of your cell phone can reveal a lot more about you than the naked eye can: who your friends are, what you've been saying and when, which websites you've visited, and more.
