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Thread: Federal court rules searching and seizing data on cell phones without warrant is a-ok

  1. #1

    Federal court rules searching and seizing data on cell phones without warrant is a-ok

    The federal courts are on a tear lately with $#@! rulings.

    PDF of ruling here: http://www.turnerradionetwork.com/im...cellsearch.pdf

    http://www.turnerradionetwork.com/news/126-pat

    December 20, 2013 -- (TRN http://www.TurnerRadioNetwork.com ) -- A U.S. federal court has ruled police do not need a Warrant to take a complete download of all contacts, calls, text messages, FACEBOOK/TWITTER conversations, Photos, INSTAGRAM postings, GPS info and any other data contained in a cellular telephone (including data previously deleted) as well as download travel logs from TomTom-type GPS devices,during a routine traffic stop. In fact, police CARS are now being equipped with a portable system to do exactly that during traffic stops and the system is specifically able to crack passwords on almost ANY mobile device, tablet, laptop or other device containing "Chinese chipsets" - and police are already using it.

    A judge decided last week that Oklahoma City, Oklahoma police were in the right when they downloaded information off the mobile phone belonging to Noe Vergara Wuences who was pulled over on March 22, 2012 because the temporary paper license plate on his new car flapped a bit in the wind.

    During the stop, Officer Scott McCall asked Wuences about his travel plans. At 12 minutes into the traffic stop, Officer McCall radioed for a drivers license check. A few minutes later the license came back clean, so Officer McCall asked dispatch to send a canine unit. At this point, Officer McCall asked Wuences if he could search the car. Wuences said he "doesn't mind."

    The drug dog alerted on the methamphetamine in the vehicle and Wuences was arrested. Officer McCall took the Nokia 1616-2C and ZTE X500 mobile phones that were in the car and began using a Cellebrite UFED device to download all of the data. Many police departments, even in small towns, use this portable unit to crack cell phone passwords and grab emails, text messages, phone records and photographs automatically. Officer McCall failed to download the Nokia data, but he wrote down the phone log information manually.

    The Oklahoma City officer did not seek a warrant before gathering the data, so Wuences and his attorney, John M. Dunn, argued this was a Fourth Amendment violation. The courts have created an "automobile exception" to the prohibition on warrantless searches that allows an officer to look in closed containers found in a vehicle because of the reduced expectation of privacy when driving. Given the large amount of data contained on modern cell phones, Dunn argued the exception should not apply.

    "Because the courts have recognized the technological change in cellular phones which is elevated them from being analogous to a 'beeper' which had extremely limited data storage capability, and has now recognized that they are more like handheld computers containing large amounts of personal and private information, which should not be subject to 'rummaging' on the part of the government merely because it is located in a vehicle," attorney John M. Dunn argued.

    Officer McCall manually searched all areas of the cell phone's memory, not just the parts that could be reasonably related to drug trafficking. Dunn noted that the officers made no attempt to prevent the phones from being remotely wiped. US District Judge Gregory K. Frizzell was not persuaded.

    "The court finds, based on the record at the evidentiary hearing, that there was probable cause to believe the cell phones contained evidence of a crime," Judge Frizzell ruled. "Further, the court finds that officers had reason to believe there was a risk that the evidence could be destroyed by remote means."

    Wuences accepted a plea bargain and entered a guilty plea after the ruling was issued.

    more at link
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book



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  3. #2
    This does suck. But please note that this only applies to cell phones found in automobiles--so far...
    Quote Originally Posted by Swordsmyth View Post
    You only want the freedoms that will undermine the nation and lead to the destruction of liberty.

  4. #3
    Oh whata coincidence, this was in the new 3 days ago reported by 'The Examiner': http://www.examiner.com/article/geor...-good-ol-u-s-a

    George Carlin,

    moving forward.
    "The real owners are the big wealthy business interests that control things and make all the important decisions. Forget the politicians, they're an irrelevancy. The politicians are put there to give you the idea that you have freedom of choice. You don't. You have no choice. You have owners. They own you. They own everything. They own all the important land. They own and control the corporations. They've long since bought and paid for the Senate, the Congress, the statehouses, the city halls. They've got the judges in their back pockets. And they own all the big media companies, so that they control just about all of the news and information you hear. They've got you by the balls. They spend billions of dollars every year lobbying * lobbying to get what they want. Well, we know what they want; they want more for themselves and less for everybody else.


    But I'll tell you what they don't want. They don't want a population of citizens capable of critical thinking. They don't want well-informed, well-educated people capable of critical thinking. They're not interested in that. That doesn't help them. That's against their interests. They don't want people who are smart enough to sit around the kitchen table and figure out how badly they're getting $#@!ed by a system that threw them overboard 30 $#@!ing years ago.


    You know what they want? Obedient workers * people who are just smart enough to run the machines and do the paperwork but just dumb enough to passively accept all these increasingly $#@!tier jobs with the lower pay, the longer hours, reduced benefits, the end of overtime and the vanishing pension that disappears the minute you go to collect it. And, now, they're coming for your Social Security. They want your $#@!ing retirement money. They want it back, so they can give it to their criminal friends on Wall Street. And you know something? They'll get it. They'll get it all, sooner or later, because they own this $#@!ing place. It's a big club, and you ain't in it. You and I are not in the big club."
    The American Dream, Wake Up People, This is our country! <===click

    "All eyes are opened, or opening to the rights of man, let the annual return of this day(July 4th), forever refresh our recollections of these rights, and an undiminished devotion to them."
    Thomas Jefferson
    June 1826



    Rock The World!
    USAF Veteran

  5. #4
    Time to dust this off again. Marxists and totalitarians on the Court...

    Quote Originally Posted by Brian4Liberty
    Here's what they do believe in: they believe in a vast legal system, where all laws are open to debate and litigation. A system where any position can be defended or attacked on a "legal" basis. A system where the most powerful generally get their way, regardless of the letter or intent of the law. A system where anything can be justified. A system which enables power to reside with those with the most knowledge of the law, and how to use and manipulate it. A system where maximum employment is enjoyed for all those who desire to support, sustain and profit from the legal system.

    They believe in no law at all, expertly disguised as a society fully enveloped in law.

    The Constitution is the worst sort of law for them. It's far too clear, simple and supreme. The best law in their eyes is ambiguous, convoluted, complex and with no priorities at all.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
    "Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
    "Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul

    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  6. #5
    The Law uses two sets of books.

    The first book is the one contains the laws they tell you exist, which also says you have Rights.

    The second book is the book they follow which doesnt include a single thing that is mentioned in the first book, including Rights.
    1776 > 1984

    The FAILURE of the United States Government to operate and maintain an
    Honest Money System , which frees the ordinary man from the clutches of the money manipulators, is the single largest contributing factor to the World's current Economic Crisis.

    The Elimination of Privacy is the Architecture of Genocide

    Belief, Money, and Violence are the three ways all people are controlled

    Quote Originally Posted by Zippyjuan View Post
    Our central bank is not privately owned.

  7. #6
    Stupid people gonna stoop. He consented to a search. The ruling, however is about as Orwellian as it gets.
    "Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
    —Charles Mackay

    "god i fucking wanna rip his balls off and offer them to the gods"
    -Anonymous

  8. #7
    No reasonable expectation of privacy . . . no reasonable expectation of privacy . . . no reasonable expectation of privacy.

    If I had a dollar for every time a court used that precedent to violate someone's rights, I'd be paying a $#@! ton of taxes.

    Quote Originally Posted by Brian4Liberty
    Here's what they do believe in: they believe in a vast legal system, where all laws are open to debate and litigation. A system where any position can be defended or attacked on a "legal" basis. A system where the most powerful generally get their way, regardless of the letter or intent of the law. A system where anything can be justified. A system which enables power to reside with those with the most knowledge of the law, and how to use and manipulate it. A system where maximum employment is enjoyed for all those who desire to support, sustain and profit from the legal system.

    They believe in no law at all, expertly disguised as a society fully enveloped in law.

    The Constitution is the worst sort of law for them. It's far too clear, simple and supreme. The best law in their eyes is ambiguous, convoluted, complex and with no priorities at all.
    As Lewis Carroll put it:

    Quote Originally Posted by Through the Looking Glass
    'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'

    'The question is,' said Alice, 'whether you can make words mean so many different things.'

    'The question is,' said Humpty Dumpty, 'which is to be master — that's all.'
    Last edited by nobody's_hero; 12-21-2013 at 08:12 AM.
    Quote Originally Posted by timosman View Post
    This is getting silly.
    Quote Originally Posted by Swordsmyth View Post
    It started silly.
    T.S. Eliot's The Hollow Men

    "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato

    We Are Running Out of Time - Mini Me

    Quote Originally Posted by Philhelm
    I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.

  9. #8
    Quote Originally Posted by acptulsa View Post
    This does suck. But please note that this only applies to cell phones found in automobiles--so far...
    Cell phones, tablets and computers is what I read...

    "The right of the people to be secure"...Blah, blah, blah...



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  11. #9
    Remember, the Constitution is a document that Terrorists hide behind. (points finger at victims of an oppressive regime)
    1776 > 1984

    The FAILURE of the United States Government to operate and maintain an
    Honest Money System , which frees the ordinary man from the clutches of the money manipulators, is the single largest contributing factor to the World's current Economic Crisis.

    The Elimination of Privacy is the Architecture of Genocide

    Belief, Money, and Violence are the three ways all people are controlled

    Quote Originally Posted by Zippyjuan View Post
    Our central bank is not privately owned.

  12. #10
    Don't hand over ownership of vehicle to the state via registration and surrender of title.
    Pfizer Macht Frei!

    Openly Straight Man, Danke, Awarded Top Rated Influencer. Community Standards Enforcer.


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    Except as to the rule of appointment, the United States have an indefinite discretion to make requisitions for men and money; but they have no authority to raise either by regulations extending to the individual citizens of America.

  13. #11
    LibForestPaul
    Member

    closed containers found in a vehicle because of the reduced expectation of privacy when driving.
    Logical case ruling due to past precedence. Oh well.
    The logical progression is reduced expectation while:
    in an airplane
    on a train
    attending a sporting event
    entering a school
    walking in a city

  14. #12
    Quote Originally Posted by Danke View Post
    Don't hand over ownership of vehicle to the state via registration and surrender of title.
    Michelle Seven apparently does that....no license or registration. Not sure how she manages to not have her car confiscated.

    49:15

    "Sorry, fellows, the rebellion is off. We couldn't get a rebellion permit."

  15. #13
    LibForestPaul
    Member

    How many years before blood tests while driving is norm?
    How many years before DNA sampling and passport go hand in hand?
    When will the velvet glove come off? I say 5 years tops...

  16. #14
    Last edited by tommyrp12; 12-21-2013 at 02:15 PM.

  17. #15
    Quote Originally Posted by tod evans View Post
    Cell phones, tablets and computers is what I read...

    "The right of the people to be secure"...Blah, blah, blah...
    GPS too. In other words, just about anything in your car becomes fair game. The driver didn't consent to a search of the car. The driver consented (according to the judge) to a search of the car and EVERYTHING IN IT.
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  18. #16
    LoL @ Freedumb.



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  20. #17
    Besides the (obviously slow and questionably effective) political process, what is the fastest way to bring an end to all this?
    "Sorry, fellows, the rebellion is off. We couldn't get a rebellion permit."

  21. #18
    When asked about this court ruling, Nobel Prize for Economics winner Paul Krugman stated, "This ruling is wonderful for the economy! Every time someone is pulled over they will smash their cell phones, laptops and GPS units into bits and will be forced to buy new ones! Bravo judge!"
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  22. #19
    Quote Originally Posted by Tod View Post
    Besides the (obviously slow and questionably effective) political process, what is the fastest way to bring an end to all this?
    I can answer that.

    But doing so would land me in prison.

  23. #20
    Could someone produce a Stuxnet type virus that maybe 6 months after it is downloaded would destroy every police agency computer and computer record it was downloaded onto?

    How could they even prosecute somebody if they traced it back to him somehow and he is on video begging and pleading with them not to steal the stuff off of his iPhone?
    Inspired by US Rep. Ron Paul of Texas, this site is dedicated to facilitating grassroots initiatives that aim to restore a sovereign limited constitutional Republic based on the rule of law, states' rights and individual rights. We seek to enshrine the original intent of our Founders to foster respect for private property, seek justice, provide opportunity, and to secure individual liberty for ourselves and our posterity.


    A police state is a small price to pay for living in the freest country on earth.

  24. #21
    Un-Constitutional Government.

    Hey! Hey! Hey! I'm just saying it. I'm not doing it!



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