Author Topic: Police need a warrant to search your cellphone. Your car’s data systems? Not so much  (Read 453 times)

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Offline Elderberry

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American Military News by Riley Beggin - Detroit News   January 09, 2022

Police can pull sensitive personal data from many modern vehicles without a warrant due to gaps in federal law, according to new research.

Cars are becoming more connected to drivers’ mobile phones, drawing call logs, text messages, location history, contact lists, driving patterns and more into the vehicle’s infotainment and navigation systems.

But while the Supreme Court has determined that police need a warrant to search that information when it’s on a mobile phone, that protection doesn’t extend to the information when stored on a car’s systems, argued the College of William & Mary law professor Adam Gershowitz in a recent paper.

That’s because of the “automobile exception” to the Fourth Amendment, which allows police to search cars without a warrant on the basis that drivers could get away in the time it takes law enforcement to get permission to search. The exception was established in a 1925 Supreme Court decision, Carroll v. United States.

It presents a potential issue for personal privacy and civil liberties, experts say, and will only get more complicated as passenger cars become more intertwined with drivers’ smartphones — and as exterior and interior cameras become more ubiquitous in vehicles.

More: https://americanmilitarynews.com/2022/01/police-need-a-warrant-to-search-your-cellphone-your-cars-data-systems-not-so-much/

Offline roamer_1

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HAHAHAHA! Good luck with that in my case.

Offline Kamaji

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I suspect that this precedent will be in for at least a little revision.

Offline Cyber Liberty

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IIRC, the popo don't need a warrant to search your phone if it's not locked with PIN or password.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline roamer_1

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IIRC, the popo don't need a warrant to search your phone if it's not locked with PIN or password.

Here they need a warrant to search your car unless they find reason by way of plain sight... It has happened to me.

Offline Cyber Liberty

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Here they need a warrant to search your car unless they find reason by way of plain sight... It has happened to me.

I toldya not to throw empty beer bottles in the back seat.....
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed:

Offline roamer_1

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I toldya not to throw empty beer bottles in the back seat.....

No... They're back in the bed... through the beer-can-thrower-window...
You really need to get you a pickup now that you're in the Redneck Nation.  :laugh:

Offline Kamaji

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No... They're back in the bed... through the beer-can-thrower-window...
You really need to get you a pickup now that you're in the Redneck Nation.  :laugh:

I always wondered what that little sliding window was for!

Offline roamer_1

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I always wondered what that little sliding window was for!

YUP.  :beer:

Offline roamer_1

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I always wondered what that little sliding window was for!

Actually... It was designed as a pass-through window for when you have the camper on... Though shortly after its conception, it became pretty universally illegal to carry passengers in campers.

Offline Elderberry

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Actually... It was designed as a pass-through window for when you have the camper on... Though shortly after its conception, it became pretty universally illegal to carry passengers in campers.

In Texas, its only illegal, if the passenger in the back of your truck is under 18.

Offline roamer_1

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In Texas, its only illegal, if the passenger in the back of your truck is under 18.

It is legal to ride in the back of a pickup here if the seats in the cab are already taken up... I still don't think it is legal to ride in the back if there is a camper in it. And never legal to ride in a towed camp trailer.

Not that I would pay much of that any mind... But there's a whole generation now that has never ridden in the back of a pickup... and that's a cryin shame. I spent most of my life there.