ACLU: Michigan cops stealing drivers' phone data

[bullmoose88]

http://news.cnet.com/8301-17938_105-20055431-1.html

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See also http://www.thenewspaper.com/news/34/3458.asp


I wonder how this would play out as a constitutional challenge...the technology like that in Kyllo isn't regularly available...yet we're not talking about a person's home here either.

[True Federalist (진정한 연방 주의자)]

http://news.cnet.com/8301-17938_105-20055431-1.html

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See also http://www.thenewspaper.com/news/34/3458.asp


I wonder how this would play out as a constitutional challenge...the technology like that in Kyllo isn't regularly available...yet we're not talking about a person's home here either.

This should be so clear cut a fourth amendment case, you'd think they'd know better than to do this in the first place.

[John Dibble]

I wonder how this would play out as a constitutional challenge...the technology like that in Kyllo isn't regularly available...yet we're not talking about a person's home here either.

Well, the Fourth Amendment question isn't about whether or not it's in a person's home or not - it's about a reasonable expectation of privacy. Your personal data on your devices isn't something that is publicly accessible, so an expectation of privacy would be reasonable in regards to it.

[bullmoose88]

I wonder how this would play out as a constitutional challenge...the technology like that in Kyllo isn't regularly available...yet we're not talking about a person's home here either.

Well, the Fourth Amendment question isn't about whether or not it's in a person's home or not - it's about a reasonable expectation of privacy. Your personal data on your devices isn't something that is publicly accessible, so an expectation of privacy would be reasonable in regards to it.

And arguably you have a greater expectation of privacy in your home compared to your car.  The real question is, like Kyllo, is the technology the police are using to lift the data commonly available to the public.  If it is, then you wouldn't have a reasonable expectation of privacy if its so friggin easy to obtain the data just by being near the phone...if on the other hand, this technology like the thermal imaging in Kyllo isn't commonly available, then you have a reasonable expectation of privacy.

[John Dibble]

I wonder how this would play out as a constitutional challenge...the technology like that in Kyllo isn't regularly available...yet we're not talking about a person's home here either.

Well, the Fourth Amendment question isn't about whether or not it's in a person's home or not - it's about a reasonable expectation of privacy. Your personal data on your devices isn't something that is publicly accessible, so an expectation of privacy would be reasonable in regards to it.

And arguably you have a greater expectation of privacy in your home compared to your car.

Actually you arguably have the same expectation of privacy, it's just that more things meet the standard of "in plain sight" which could not be expected to be kept private. The police can't pop open your trunk or your glove box without a warrant or permission anymore than they can enter your house without those things.