lipstickandliberty: Judge Says It’s OK To Use Your Seized Phone To Impersonate You And Entrap Your Friends. “A federal judge has upheld the practice of police using seized phones to impersonate their owners, reading messages and sending sending entrapping replies to contacts in the phone’s memory, without a warrant. The judge reasoned that constitutional privacy rights don’t apply to messages if they appear on a seized device — even if the messages originated with someone who has not been arrested or is under suspicion of any crime: A federal appeals court held that the pager owner’s Fourth Amendment rights against unreasonable search and seizure were not violated because the pager is “nothing more than a contemporary receptacle for telephone numbers,” akin to an address book. The court also held that someone who sends his phone number to a pager has no reasonable expectation of privacy because he can’t be sure that the pager will be in the hands of its owner. Judge Penoyar said that the same reasoning applies to text messages sent to an iPhone. While text messages may be legally protected in transit, he argued that they lose privacy protections once they have been delivered to a target device in the hands of the police. He claimed that the same rule applied to letters and e-mail. (Police would still need to seize or search a phone or computer legally, and phones are much easier for cops to seize than computers, which generally require a warrant.) “On his own iPhone, on his own computer, or in the process of electronic transit, Hinton’s communications are shielded by our constitutions,” he wrote, referring to both the state and federal constitutions. “But after their arrival, Hinton’s text messages on Lee’s iPhone were no longer private or deserving of constitutional protection.” Penoyar rejected Roden’s privacy arguments on similar grounds. It’s legal: cops seize cell phone, impersonate owner

lipstickandliberty:

Judge Says It’s OK To Use Your Seized Phone To Impersonate You And Entrap Your Friends.

“A federal judge has upheld the practice of police using seized phones to impersonate their owners, reading messages and sending sending entrapping replies to contacts in the phone’s memory, without a warrant. The judge reasoned that constitutional privacy rights don’t apply to messages if they appear on a seized device — even if the messages originated with someone who has not been arrested or is under suspicion of any crime:

A federal appeals court held that the pager owner’s Fourth Amendment rights against unreasonable search and seizure were not violated because the pager is “nothing more than a contemporary receptacle for telephone numbers,” akin to an address book. The court also held that someone who sends his phone number to a pager has no reasonable expectation of privacy because he can’t be sure that the pager will be in the hands of its owner.

Judge Penoyar said that the same reasoning applies to text messages sent to an iPhone. While text messages may be legally protected in transit, he argued that they lose privacy protections once they have been delivered to a target device in the hands of the police. He claimed that the same rule applied to letters and e-mail. (Police would still need to seize or search a phone or computer legally, and phones are much easier for cops to seize than computers, which generally require a warrant.)

“On his own iPhone, on his own computer, or in the process of electronic transit, Hinton’s communications are shielded by our constitutions,” he wrote, referring to both the state and federal constitutions. “But after their arrival, Hinton’s text messages on Lee’s iPhone were no longer private or deserving of constitutional protection.” Penoyar rejected Roden’s privacy arguments on similar grounds.

It’s legal: cops seize cell phone, impersonate owner

Notes

  1. life-and-liberty reblogged this from disobey
  2. senoritarida reblogged this from lipstickandliberty and added:
    not okay
  3. dairyfarey reblogged this from legitimatehypnotist
  4. legitimatehypnotist reblogged this from conjuringseed
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  9. conjuringseed reblogged this from theboxcarchild
  10. theboxcarchild reblogged this from disobey
  11. risking-failure reblogged this from suckerfishsun
  12. suckerfishsun reblogged this from buythetickettakethecannoli and added:
    And this is why I want to leave the country.
  13. omega2669 reblogged this from disobey and added:
    Oh… good…
  14. c-ro reblogged this from tipodeque
  15. boomboombryan reblogged this from chadoallen
  16. burntjellytoast reblogged this from disobey
  17. palabrasdeunamuslimah reblogged this from disobey
  18. thefreelance reblogged this from lipstickandliberty
  19. tipodeque reblogged this from chadoallen
  20. buythetickettakethecannoli reblogged this from dudeistlibertarian
  21. osakalights reblogged this from mammaria
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  23. stolentree321 reblogged this from dudeistlibertarian
  24. napalmjoy reblogged this from disobey
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  27. chadoallen reblogged this from thecruelestintentions
  28. thecruelestintentions reblogged this from metrogoon
  29. thelibertarianclarion said: Apparently this false judge never heard that you can LOCK your phone and pagers, and the police can easily break those codes to seriously violate that person 4th amendment rights.
  30. newcvltaesthetic reblogged this from disobey
  31. maxlibertarios reblogged this from basedspooner
  32. pauliorra reblogged this from dudeistlibertarian
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