[kwflatbed]

The state's highest court ruled Wednesday police in Massachusetts do not necessarily need a search warrant to look at the call list of a person's cell phone when searching personal property following an arrest.

Read more: http://www.wcvb.com/news/local/metr...sts/-/11971628/17670486/-/y9jilf/-/index.html

 

[Guest]

Wow! Am I on the alternate reality forum?

Sent from my ASUS Transformer Pad TF700T using Tapatalk 2

 

[Kilvinsky]

Wow! Am I on the alternate reality forum?

Sent from my ASUS Transformer Pad TF700T using Tapatalk 2

Yeah, bizzare, ain't it? It's the SMALL victories (though this is kinda big in THIS state!).

 

[officerbob]

One word..........................WIN. I will be using this beautiful example of great case law in the near future.

 

[CPT Chaos]

Really, I'm sorry, I just thought I time travelled to another State. Are you sure the Judges were not at a Christmas party or something? Please somebody at MassCops Pinch me! I think I'm dreaming!

 

[Guest]

Interesting article but a bit sparse, is there a link to the actual opinion of the court so we can see what criteria are necessary for such an "inspection"? One bad report and this all comes crashing down...

Inbox me your email. I'll send you some files you can.upload here.

Posted while GL 90 § 13B

 

[Guest]

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http://weblinks.westlaw.com/result/...E&ss=CNT&sskey=CLID_SSSA72738584418712&vr=1.0

 

[Guest]

http://weblinks.westlaw.com/result/...E&ss=CNT&sskey=CLID_SSSA72738584418712&vr=1.0

 

[Hush]

Now, what does that mean for phones protected by a password...is it considered the same as a locked container?

 

[Guest]

Now, what does that mean for phones protected by a password...is it considered the same as a locked container?

I was thinking the same thing. Give me your password bitch!

 

[lofu]

Or text messages?

 

[Guest]

In the decision, the court said they were not but eventually will address text messages.

I wouldn't want to be the guy to make the bad case law. Unless you have very solid PC that the recent messages contain evidence, such as EXACTLY what happened in this case, I wouldn't venture there. You'll end up make bad caselaw for us all.

Shut the phone off, do a battery pull if possible, place the phone in a faraday bag (bag that blocks radio signals), and contact one of the regional labs, NESPIN, MSP, or the AG's office for guidance in getting a search warrant. If you have PC that there's evidence in there, you should have no problem getting a warrant. There are boiler-plate cell phone search warrants out there ( I have a VERY good one I can distribute to confirmed LEOs) that make this easy. Executing warrants on the phones is very easy, the text messages, call logs, contacts, etc comes back to you in an organized Excel spreadsheet. It's actually the easier route to go.

IMO, digital evidence needs to be addressed very soon by the MPTC in in-service and on the EOPS e-learning portal. Officers on the street need to know how to safeguard this sort of evidence due to the very real possibility of the data being remotely wiped. The data that's on the microSD cards can be recovered if deleted, but not the actual phone's internal memory chip. Once it's deleted, it's gone.

Note: some labs can not break through some of the screen locks. How to possibly get around it: during booking, "What's your password / pattern so I can shut your phone off for you". Then seize the phone and record the password / pattern, then secure it in a faraday bag and/or shut it off.

 

[Hush]

Note: some labs can not break through some of the screen locks. How to possibly get around it: during booking, "What's your password / pattern so I can shut your phone off for you". Then seize the phone and record the password / pattern, then secure it in a faraday bag and/or shut it off.

How about having them do it....under video surveillance, or putting fingerprint dust on the screen. Would that be considered duplicitous?

 

[Guest]

There's exigency in the situation since iOS, BB and Android all have the ability to receive a "kill command" which will wipe the phone. However you chose to get the password is up to you.

I'm not sure how the fingerprint dust will work, as you won't be able to tell the direction of the pattern or the order in which the numbers were selected. I suppose the video would work, if the resolution is high enough.

During booking inventory, I think the best tactic would be,"There's no cell service in here. It's going to kill your battery. I'm going to shut your phone off. Oh, what's the code?" or something like that.

If push comes to shove, US Secret Service - Boston can get through iOS screen locks, but I'd rather not bother them for a smaller local case. Not sure of their ability to get through BB or Android locks.

You can also put the phone in a microwave. It will act as a Faraday cage and keep signals from being transmitted. Just know that the battery isn't going to last long at all, and make sure no one nukes it on you.

 

[Hush]

During booking inventory, I think the best tactic would be,"There's no cell service in here. It's going to kill your battery. I'm going to shut your phone off. Oh, what's the code?" or something like that.

I'd think anyone big deal enough to be worth looking at would be smart enough to say "get fucked." If I was threatened with giving up my code or letting my battery drain....no hard choice there. My Droid can be powered down while still password protected. Yeah, fingerprint powder is probably farfetched, but sometimes its as simple as 1234 or 0000, 9999, last 4 of SSN.

 

[Guest]

I'd think anyone big deal enough to be worth looking at would be smart enough to say "get fucked." If I was threatened with giving up my code or letting my battery drain....no hard choice there. My Droid can be powered down while still password protected. Yeah, fingerprint powder is probably farfetched, but sometimes its as simple as 1234 or 0000, 9999, last 4 of SSN.

I agree with this. My DROID is the same. One of those slippery slope things where unless the crime is something very substantial, i could give a shit less who you last called or texted. I can see how useful this is though for accidents caused by a person texting. Determining the text sent time versus a collision time.

 

[Guest]

I'd think anyone big deal enough to be worth looking at would be smart enough to say "get fucked." If I was threatened with giving up my code or letting my battery drain....no hard choice there. My Droid can be powered down while still password protected. Yeah, fingerprint powder is probably farfetched, but sometimes its as simple as 1234 or 0000, 9999, last 4 of SSN.

Which is fine. Rip out the battery or put it in an unplugged microwave until the battery dies, then get a search warrant. The biggest threat is remote kill commands, so you've got to make sure there's either no power or no signal going to the phone.

After a certain amount of lockouts, some smartphones brick. It's 5 for "pin & puk" systems.

Fingerprint powder won't work unless the last thing the user did was unlock the phone. If it's a 4 digit pin, you have 24 possible combinations, so good luck with that.

There was a college (U of Maryland, I think) that was testing some chemicals that would react with the screen and expose the most worn parts of the surface, which likely would be the swipe pattern, but I haven't seen anything in the white papers recently about it.

 

[Hush]

I was thinking fingerprint powder applied before handing the phone over for them to unlock....but then again handing over the phone will probably defeat whatever you were trying to accomplish anyways.