Can Police Confiscate Your Smartphone

pigoo3

Well-known member
Staff member
Admin
Joined
May 20, 2008
Messages
44,210
Reaction score
1,418
Points
113
Location
U.S.
Your Mac's Specs
2017 15" MBP, 16gig ram, 1TB SSD, OS 10.15
This is not a "cut & dry" argument. If it was...we wouldn't be on page 4 of this thread!;)

I'm sure we could stack up a 1000 lawyers on both sides of the argument...argue the case for 6 months...and still not be any closer to a conclusion that a majority of reasonably minded folks would find acceptable.

The U.S. Supreme Court can rule on things one way. And in the years to come...the decision can be over-turned. Anything can happen.:)

- Nick
 
Joined
Dec 10, 2013
Messages
48
Reaction score
1
Points
8
Your Mac's Specs
Mac Pro 3,1, 8-core Xeon
Yes, it is. I can be nice .... and call my lawyer....I didn't say I would be a pushover. After 30 years of public high school teaching, I have found being nice but, emphatically informing them as to the potential ramifications of their actions, works nicely. It allows for the potentially offending party to reassess their options.

A-holes are everywhere. This does not mean I have to be one. Nothing is ever simple - humans are not simple but how I act in the situation can be my choice. If someone wants to violate my rights by going through my stuff with out a warrant just because he or she can well, my reacting like an a-hole will not help the situation. That's why they make lawyers.

Lisa

And sometimes, you may not want to be an a-hole back, but are pushed to it. Everyone has a breaking point. And some people can push buttons. It takes a very thick skin to keep calm with people who push buttons. Not everyone is capable of it. More power to you if you can stay calm at all times. ;-)
 
Joined
Jan 19, 2012
Messages
5
Reaction score
0
Points
1
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.
 
Joined
Jul 11, 2014
Messages
296
Reaction score
5
Points
18
Your Mac's Specs
A1286 MBP5,3 running 10.9.5, iphone6, Mac mini1,1 A1176 120/2gb
From what I remember, law enforcement can look at the mirror image on your phone and you wouldn't even know it!

This video says a lot about technology in the us.

Next Future Terrifying Technology Will Blow Your Mind
https://www.youtube.com/watch?v=JbQeABIoO6A
 

Slydude

Well-known member
Staff member
Moderator
Joined
Nov 15, 2009
Messages
17,596
Reaction score
1,072
Points
113
Location
North Louisiana, USA
Your Mac's Specs
M1 MacMini 16 GB - Ventura, iPhone 14 Pro Max, 2015 iMac 16 GB Monterey
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.
 

chscag

Well-known member
Staff member
Admin
Joined
Jan 23, 2008
Messages
65,248
Reaction score
1,833
Points
113
Location
Keller, Texas
Your Mac's Specs
2017 27" iMac, 10.5" iPad Pro, iPhone 8, iPhone 11, iPhone 12 Mini, Numerous iPods, Monterey
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..... :(
 
Joined
Jan 19, 2012
Messages
5
Reaction score
0
Points
1
Geico et al...

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.
 
OP
GrannySueSnaps
Joined
Jul 1, 2014
Messages
83
Reaction score
2
Points
8
Location
Kentucky
Your Mac's Specs
MacBook Pro, iPhone 5S, iPad Mini Retina
What you need to do is have another device and if it is confiscated you can wipe it remotely!:D
 

Slydude

Well-known member
Staff member
Moderator
Joined
Nov 15, 2009
Messages
17,596
Reaction score
1,072
Points
113
Location
North Louisiana, USA
Your Mac's Specs
M1 MacMini 16 GB - Ventura, iPhone 14 Pro Max, 2015 iMac 16 GB Monterey
What you need to do is have another device and if it is confiscated you can wipe it remotely!:D

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.
 
Joined
Jul 11, 2014
Messages
296
Reaction score
5
Points
18
Your Mac's Specs
A1286 MBP5,3 running 10.9.5, iphone6, Mac mini1,1 A1176 120/2gb
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:
OP
GrannySueSnaps
Joined
Jul 1, 2014
Messages
83
Reaction score
2
Points
8
Location
Kentucky
Your Mac's Specs
MacBook Pro, iPhone 5S, iPad Mini Retina
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.
 

vansmith

Senior Member
Joined
Oct 19, 2008
Messages
19,924
Reaction score
559
Points
113
Location
Queensland
Your Mac's Specs
Mini (2014, 2018, 2020), MBA (2020), iPad Pro (2018), iPhone 13 Pro Max, Watch (S6)
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. ;)
 
Joined
Jul 24, 2013
Messages
5,073
Reaction score
758
Points
113
Location
Ohio (USA)
Your Mac's Specs
2023-14" M3max MBPro, 64GB/1TB, iPhone 15 Pro, Watch Ultra
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
 

Shop Amazon


Shop for your Apple, Mac, iPhone and other computer products on Amazon.
We are a participant in the Amazon Services LLC Associates Program, an affiliate program designed to provide a means for us to earn fees by linking to Amazon and affiliated sites.
Top