4 ms·

Im curious if this has any impact to people who have their phone password protected. "Here, you are more than welcome to go through my phone....just need to gue

Im curious if this has any impact to people who have their phone password protected. "Here, you are more than welcome to go through my phone....just need to guess the password." You can't even hook your iPhone up to iTunes without inputting that password, so I can't imagine those phone searching devices can bypass that altogether.

bcl 15y ago
Or password protected and encrypted. My Droid X2 won't let you mount the partitions until the password is entered.
- mindslight 15y ago
  Mind if I ask what distribution you are running?
  - bcl 15y ago
    Whichever version Verizon distributes for the X2, I haven't needed to root the phone so far.
01PH 15y ago
This is the device most likely going to be used: http://news.cnet.com/8301-17938_105-20055431-1.html http://news.cnet.com/8301-17938_105-20055431-1.html
rkalla 15y ago
The court ruled that this is OK because your phone is considered a "container", given that, I believe the same rules for saying "Go ahead and search my trunk, but I don't have a key" applies -- assuming the cop doesn't just pry it open in some physical way. The threat being that you'll get detained and held. I think that is always the implied threat, that it is just easier to let someone of authority overstep their bounds so as to avoid personal inconvenience and discomfort as opposed to taking a stand and forcing the legality of the issue. Then if you are illegally detained, that's ANOTHER issue you are welcome to pursue if you enjoy court and lawyers, but we typically don't. The (expected?) result of that is one side keeps pushing harder and harder until we eventually start pushing back. These seem like standard social mechanics much like what corporations tend to do left unwatched or govt laws. They keep tightening or growing their area of influence until someone or something pushes back. Our society is just a giant physics simulation of forces interacting on each other, like little (or big) spheres of gravity. I'd love to see a visualization of the social world around us, would be interesting... you could see the formation of under ground movements becoming more mainstream as those individual forces combined into bigger forces temporarily to combat larger forces, then once the equilibrium was rebalanced, the larger force would disband and go back to micro-influencing the environment around it. wow... I got derailed there :)
- michaelfeathers 15y ago
  I thought I was the only one who thought that way.
- alttag 15y ago
  > I believe the same rules for saying "Go ahead and search > my trunk, but I don't have a key" applies I see your point, but think you'll agree it's best not to phrase it as a challenge: "I don't consent to the search. I don't have a key."
  - rkalla 15y ago
    heh, absolutely agreed there. I think the police have a hard enough job as it is.
- tptacek 15y ago
  Saying "go ahead and search my trunk but I don't have a key" sounds like a spectacularly bad idea. You can probably safely refuse (politely) to consent to all searches under any circumstances. If the police are allowed to search without consent, they will. The police cannot search the trunk of your car incident to an arrest. The police can open and inventory the contents of your trunk if your vehicle is impounded. The police can search the passenger compartment of your car if you are arrested. You can be arrested and not have your vehicle impounded if, after arresting you and satisfying their entitlement to search the passenger compartment of your car, you have a companion who can legally drive the car away. In this case, the guy's companion was intoxicated. The police can consent to leave your car somewhere safe without impounding it, but for all intents and purposes they have the option of impounding it if it can't be removed lawfully on the spot. If your car is impounded and its contents inventoried, anything that can reasonably be inspected as part of an inventory is admissible as evidence. This opinion held that inventory searches did not entitle the police to "inventory" the "contents" of a phone. But that's beside the point here, because the search that busted open the phone wasn't an inventory search; it was a search for preservation of evidence incident to arrest.

bcl 15y ago

Or password protected and encrypted. My Droid X2 won't let you mount the partitions until the password is entered.

mindslight 15y ago
Mind if I ask what distribution you are running?
- bcl 15y ago
  Whichever version Verizon distributes for the X2, I haven't needed to root the phone so far.

01PH 15y ago

This is the device most likely going to be used: http://news.cnet.com/8301-17938_105-20055431-1.html http://news.cnet.com/8301-17938_105-20055431-1.html

rkalla 15y ago

The court ruled that this is OK because your phone is considered a "container", given that, I believe the same rules for saying "Go ahead and search my trunk, but I don't have a key" applies -- assuming the cop doesn't just pry it open in some physical way. The threat being that you'll get detained and held. I think that is always the implied threat, that it is just easier to let someone of authority overstep their bounds so as to avoid personal inconvenience and discomfort as opposed to taking a stand and forcing the legality of the issue. Then if you are illegally detained, that's ANOTHER issue you are welcome to pursue if you enjoy court and lawyers, but we typically don't. The (expected?) result of that is one side keeps pushing harder and harder until we eventually start pushing back. These seem like standard social mechanics much like what corporations tend to do left unwatched or govt laws. They keep tightening or growing their area of influence until someone or something pushes back. Our society is just a giant physics simulation of forces interacting on each other, like little (or big) spheres of gravity. I'd love to see a visualization of the social world around us, would be interesting... you could see the formation of under ground movements becoming more mainstream as those individual forces combined into bigger forces temporarily to combat larger forces, then once the equilibrium was rebalanced, the larger force would disband and go back to micro-influencing the environment around it. wow... I got derailed there :)

michaelfeathers 15y ago
I thought I was the only one who thought that way.
alttag 15y ago
> I believe the same rules for saying "Go ahead and search > my trunk, but I don't have a key" applies I see your point, but think you'll agree it's best not to phrase it as a challenge: "I don't consent to the search. I don't have a key."
- rkalla 15y ago
  heh, absolutely agreed there. I think the police have a hard enough job as it is.
tptacek 15y ago
Saying "go ahead and search my trunk but I don't have a key" sounds like a spectacularly bad idea. You can probably safely refuse (politely) to consent to all searches under any circumstances. If the police are allowed to search without consent, they will. The police cannot search the trunk of your car incident to an arrest. The police can open and inventory the contents of your trunk if your vehicle is impounded. The police can search the passenger compartment of your car if you are arrested. You can be arrested and not have your vehicle impounded if, after arresting you and satisfying their entitlement to search the passenger compartment of your car, you have a companion who can legally drive the car away. In this case, the guy's companion was intoxicated. The police can consent to leave your car somewhere safe without impounding it, but for all intents and purposes they have the option of impounding it if it can't be removed lawfully on the spot. If your car is impounded and its contents inventoried, anything that can reasonably be inspected as part of an inventory is admissible as evidence. This opinion held that inventory searches did not entitle the police to "inventory" the "contents" of a phone. But that's beside the point here, because the search that busted open the phone wasn't an inventory search; it was a search for preservation of evidence incident to arrest.