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Achtung! Cops Can Search Your Cell Phone For Evidence...

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, Jul 1, 2014.

  1. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    someone will make lotsa money creating encryption software to keep phone info private! :cool:

    Do Police Need a Warrant to Search Your Phone?

    You get pulled over for speeding, and the officer demands that you hand over your cell phone, so he can check to see if you were yaking or texting while driving.

    Are you justified in saying 'Show me the search warrant'?

    Yes, police do need a warrant to search your cell phone ? usually ? the U. S. Supreme Court ruled on June 25, 2014. The unanimous decision in Riley v. California is a landmark victory for privacy rights and the 4th Amendment, but not a total ban on warrantless searches.

    Police, of course, are keenly interested in the names of the people in that phone's contact list, and any pattern of communication between the accused and their associates. Such information can help police build a case, and even implicate others involved in a crime.

    The case of record, Riley v. California, also included a different case, United States v. Wurie. The Riley case involved a smartphone while Wurie involved a flip phone. The data stored on Riley's smartphone was searched and some it was used to convict him.

    Police used incoming calls to Wurie's phone to convict him.
    http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

    Can Police Search Your Phone?

    The Court found that none of the traditional justifications for warrantless searches of "papers and effects" found on or within reach of an arrestee apply to cell phones. The data on a phone poses no threat to officer safety. Once a phone is in police custody there is no need to search its contents in order to preserve any evidence that may be on it.

    The government also tried to argue that, because it is possible to "wipe" a phone remotely, a thorough search of a phone's contents as soon as possible is essential. But the Court noted that there are many less intrusive ways to preserve evidence against remote wiping: simply turning off the phone; removing the battery; or putting the phone in a Faraday bag made of metallized fabric, which blocks radio waves.

    The Court emphasized that cell phones are different from the usual tangible objects that might be found on an arrestee's person. The huge storage capacities of modern phones "implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse", wrote Chief Justice John Roberts.

    http://askbobrankin.com/warrants_required_to_search_phones.html
     
  2. jazzc

    jazzc Moderator Staff Member Moderator Jr. VIP

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    Maybe at some point they 'll legalize the right of association as well...
     
  3. timeleaper

    timeleaper Newbie

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    I wouldn't keep any sensitive info on a phone. Too easy to have it taken since it's with you. Keep you main computer in your bunker.
     
  4. ShadeDream

    ShadeDream Elite Member

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    Terrible times. Talk about democracy...
     
  5. madoctopus

    madoctopus Supreme Member

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    Nothing worse than a pathetic criminal. If you plan to do a crime/break the law then at least don't be dumb enough to do it from your own personal phone/laptop/car/house/whatever.

    It is irrelevant if the gov/police/nsa/aliens should have the right to X. If you're a criminal you have no rights so better cover ur ass otherwise you're just dumb and you deserve it.

    Real problem is not with criminals though. Most of them and certainly the big ones know how to cover themselves pretty well, they bribe police/gov, the have influence, etc. Problem is with regular people who end up having their life destroyed because they ended up in a situation where they're in a gray area and law gets interpreted against them.

    There's a case of an UK journalist who tweeted "I'm gonna blow up America the moment i get there" (or something along those lines) right before he left to the airport for a holiday in USA. Once he reached USA soil, in the airport, he got stopped, frisked, etc. and after half a day of interrogation they ask him if he wrote that. It was in a discussion and in a context and what he meant to say was "I'm gonna party hard once i get there". But they didn't cared of the context.

    Thats just one case and not the worst of them (he was left alone once they cleared things out).

    Problem with law and justice is that contrary to popular belief it is a money-driven system. In other words they don't aim for a better society, they aim for profit. Once you understand this, you stop demanding from them to make society better just like you don't demand from the mafia to build churches and playgrounds for children.

    In the end, they're not really doing much against you. They don't stop you from evolving. Main reason why you don't have an amazing life is not the gov/police/mafia/aliens stoping you but yourself not taking charge of your life. Yes, they make it way harder than it should be but they don't come and rape you in the ass if you become successful. As a matter of fact they benefit from your success because you give them a % of your income.

    So stop worrying about the world being shit. It is as it is, deal with it. You either embark on a journey to change the world and actually take action in this area or you waste your time complaining. Otherwise just life your life and enjoy every day and make the most of it.
     
  6. UrsuAke

    UrsuAke Power Member

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    What if you password protect your phone?
    Will you be obliged by the law officer to give him your password?!

    What if before giving the law officer your phone, you turn it off?
    Will you be obliged by the law officer to give him your PIN code?
     
  7. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    in this case it was a matter of having the phone numbers of certain people in the speed dial. this was enough to draw attention.
     
  8. JustUs

    JustUs Power Member

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    I laugh at this holding.

    TO begin with, ElcomSoft (Russian Software) already has a forensic program for extracting data from computing devices and preserving it. The software is in wide use by police agencies across the world, and in the US.

    Massachusetts allows police to ask for your phone in a traffic stop. If you hand the phone to the cop, he plugs the phone into a device in the police car that extracts all data, and breaks encryption if the data is encrypted.

    Through the use of Stringray type devices, the police do not have to have physical access to the phone to extract data from a cell phone. The US Marshals, the FBI, and Harris Corp. are very busy trying to conceal the full capabilities of the Stringray.

    Through the design of the cell phone, it is a location tracking and triangulation device. Many stores now track shoppers in the store, and many malls now track shoppers through a mall via the IMIE and triangulation.

    Unless I have some specific reason for taking my phone with me, it sits on my desk. The phone is never used to access banking information or other sensitive information. Data transfer and wifi is turned off unless I have a specific instance need for allowing it.

    Shutting a phone off does not mean that the phone is off, esp with the phones that do not have removable batteries. Malware for cellphones is more pernicious and almost as ubiquitous as it is for standard computers.
     
  9. Numbuh362

    Numbuh362 Elite Member

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    Did you also know that with iphones they can track you at all times, even when you turn your phone off it's still on.
     
  10. Oukast

    Oukast Senior Member

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    Good thing I can remove the battery in my Lumia. Then again, just give me a call and ask where I am, same result with less work.