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Security Awareness Discussion of all things related to the security of Apple devices.

Can Police Confiscate Your Smartphone


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jimchik

 
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I think what one has to be particularly careful with is, for instance, the Geico option to keep your insurance ID on your smart phone. It seems that in this instance, one would be in effect giving police access to their phones. Plus, Geico (and others) has a history of working with police departments, specifically in supplying radar guns, though I don't have recent information.
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ankhseeker

 
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From what I remember, law enforcement can look at the mirror image on your phone and you wouldn't even know it!

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Slydude

 
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Quote:
Originally Posted by jimchik View Post
I think what one has to be particularly careful with is, for instance, the Geico option to keep your insurance ID on your smart phone. It seems that in this instance, one would be in effect giving police access to their phones. Plus, Geico (and others) has a history of working with police departments, specifically in supplying radar guns, though I don't have recent information.
I am not a lawyer and haven't looked at the specifics of the recent ruling but I don't think that is the case. Suppose you are asked to produce proof of insurance and you show the officer a digital insurance ID. Other than to see the ID I don't think he would have the right to access other info on the phone.

To me it is somewhat analogous to the "plain sight exception" that has been in place for some time. Suppose an officer comes to your door and asks to come in. You let him in and he notices something illegal in plain sight (sitting on a table for instance): You're probably going to get arrested. If that same situation occurs and the same illegal substance/object is hidden somewhere the officer does not automatically have the right to go looking in all the closets/cabinets etc. for it.

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chscag

 
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Keep in mind that regardless of what GEICO is advertising, digital proof of insurance may not be acceptable by your state. And don't get me started on GEICO.....
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jimchik

 
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Keep in mind that regardless of what GEICO is advertising, digital proof of insurance may not be acceptable by your state. And don't get me started on GEICO.....
Heh, seems like I already did. And good point on acceptance of a digital ID. I hope that an attorney chimes in on the legal and technical aspects of that. Regardless, I'd rather simply hand the officer a piece of paper.
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ruellesmith

 
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Unless you have violated against any law by using your smartphone, then the phone shouldn't be confiscated. Lately, I've heard more news about phone confiscation. Mostly, they happen in schools.
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GrannySueSnaps

 
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What you need to do is have another device and if it is confiscated you can wipe it remotely!

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Originally Posted by GrannySueSnaps View Post
What you need to do is have another device and if it is confiscated you can wipe it remotely!
I never thought of that. Just to throw a monkey wrench into things for interest. Consider the following:

Suppose someone were actually able to do as you propose and wipe the device before a warrant is obtained. I suspect that a good computer forensic tech could recover the information. The DA handling the case would probably argue that this is evidence of guilt.

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ankhseeker

 
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yeah, then they will probably throw interfering with search and seizure or something other. I am told that even if you wipe it, that other mirror remains unchanged. Hmmm. ;-(

Last edited by ankhseeker; 07-24-2014 at 03:57 PM. Reason: Dang typos
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So the moral of this discussion is to not use technology to plan/discuss criminal activity or anything you might be embarrassed for others to know/see.

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So the moral of this discussion is to not plan/discuss criminal activity at all
Fixed that for you - this seems like the more beneficial solution.

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Yeah, not only don't use your phone for criminal activities but don't take inappropriate pictures you don't want EVERYONE to see- which, unfortunately, is subject to personal interpretation. And, don't send text that would lend themselves to mixed interpretation. This is also hard because we all have different interpretations of just about anything. Sigh.... and they say technology makes our lives easier...who said that???

Lisa
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