Smart Phones
If you drive with your iPhone, police can search it
Why mobile phones and the Fourth Amendment aren't friends.
Adam Gershowitz, an assistant professor at the South Texas College of Law, raises an interesting point about the iPhone and similarly tricked-out mobile devices: If the police stop you and find some legal cause to arrest you, they are probably free, under judicial interpretations of the Fourth Amendment, to search the device.
This means that a standard traffic stop — say they get you for drunk driving or excessive speeding or any number of other arrestable offenses — could conceivably lead to a search of your entire Web history, your photos, and potentially even your online accounts at banks or social networking sites.
The iPhone is a portable window to your whole world — and while arresting you for something comparatively minor, the police may get to look through that window without any approval from a judge.
Gershowitz’s theory, which he outlines in a law review article, rests on a legal doctrine known as “search incident to arrest.” Ordinarily, the police aren’t allowed to search your possessions unless they obtain a warrant. That’s the essence of the Fourth Amendment, the one we all grew up with on “Law and Order.”
One exception to this is a search incident to arrest — if the police are arresting you, they can search you and your possessions without first obtaining a warrant. During the past few decades, Gershowitz explains, courts have given the police wide rein in conducting such searches. If police arrest a driver, they’re allowed to search not only the driver but the car, passengers in the car, and “containers” in the car — envelopes, wallets, aspirin bottles — that they find. And incriminating evidence they find — even if it’s not related to the crime they’re arresting you for — can be admissible in court.
In recent years courts have been asked to rule on the legality of police searches of electronic devices found during the course of an arrest, and judges have almost always come down on the side of the officers.
Police have been allowed to search through pagers and cellphones for contacts and messages, and evidence found on those devices — text messages that prove that the arrestee was involved in a drug ring, for instance — were ruled admissible in court.
Newer mobile devices like the iPhone are qualitatively different from pagers and cellphones of yesteryear: They hold much more personal information about their owners, and they’re connected to the Internet, which holds still more personal information. When the cops find an iPhone, then, they’re sitting on a gold mine of personal data.
Gershowitz notes this theoretical case: Say an officer finds an iPhone on a fellow during an arrest. The cop then brings up the iPhone’s Web browser, scans the bookmarks, clicks on one called “porn,” which takes him to a Web page that requires a member’s username and password, which the iPhone has fortunately remembered — so the cop presses “submit,” and he sees that the Web site has a message function, which the cop then logs in to, and finds, there, an incriminating conversation about the exchange of child porn.
Or something else hypothetically damning — messages about buying drugs, or buying bongs, or, in Alabama and Texas, buying dildos. Or, say the cop logs into your bank account and finds evidence of financial fraud. Or he looks at your pictures, videos and songs and finds evidence of mass copyright infringement.
All that information would have been private and inaccessible to the government in the days before the iPhone. Now, though, it can conceivably be used against you in court.
Gershowitz goes over possible remedies to this problem. One is for courts to follow the prescription of Justice Antonin Scalia, who favors reducing the scope of the search incident to arrest doctrine. In Scalia’s view, only searches that are related to the cause of the arrests should be legal — if the cops arrest you for not wearing a seat belt, they can’t search for drugs, because that’s not related to your crime.
Another remedy is for legislatures to limit the scope of police searches of electronic devices. States could specifically prohibit cops from looking at your online profiles on your iPhone, say, if they’re only stopping you for driving under the influence.
That’s not likely to happen soon — or at all, unless there are cases in the courts that prove Gershowitz’s theory true. As yet, his idea is hypothetical. Still, perhaps it’d be wise to keep a password lock on your iPhone. The cops can’t get through that without a warrant.
Hat tip to Techdirt’s Mike Masnick for this; read Gershowitz’s paper here.
Farhad Manjoo is a Salon staff writer and the author of True Enough: Learning to Live in a Post-Fact Society. More Farhad Manjoo.
Nobody ever calls me anymore
I feel like the last person who still likes talking on the phone. Why did we give it up, and should we reconsider?
(Credit: Anatema via Shutterstock) As a teenager, my friend Jennifer used to sneak into her mother’s room after bedtime and steal the phone. She would call the boy she was dating, or “going with,” or whatever we called it back then, and they would talk all night, sometimes till 4 a.m.
But something shifted a few years ago. She became afraid of talking on the phone. Just hearing it ring could provoke panic. Maybe it was the suffocation of carrying her cellphone all day long. (“There are these tentacles in you all the time,” she said.) But she rarely answered the phone, preferring to text message, and the voice mail piled up like unopened bills dumped in a desk drawer – frightening and unknown and ever present — until she couldn’t bear it anymore, and in a rush of guilt she would delete dozens of messages that had been left for her without even listening to them.
Continue Reading CloseSarah Hepola is an editor at Salon. More Sarah Hepola.
Google to buy Motorola Mobility for $12.5 billion
Search giant completes largest acquisition in its history to up the ante in smart-phone wars
FILE - In this May 11, 2011 file photo, attendees await the morning keynote address at the Google IO Developers Conference in San Francisco. Google Inc., releases quarterly financial results Thursday, July 14, 2011, after the market close. (AP Photo/Marcio Jose Sanchez, file)(Credit: AP) Google Inc. is buying cell phone maker Motorola Mobility Holdings Inc. for $12.5 billion in cash. It’s by far Google’s biggest acquisition to date and a sign the online search leader is serious about expanding beyond its core Internet business.
Google will pay $40.00 per share, a 63 percent premium to Motorola’s closing price on Friday.
Motorola Mobility was separated from the rest of Motorola in January. The company has remade itself as a maker of smartphones based on Google’s Android software, but has struggled against Apple Inc. and Asian smartphone makers.
Continue Reading CloseCartoon Saturday: Is your phone getting too smart?
Does your life really need more color commentary?
Liza Donnelly is a contract cartoonist for The New Yorker and contributor to CNN.com and others national publications. Her most recent book is "When Do They Serve the Wine?". More Liza Donnelly.
AT&T to buy T-Mobile USA for $39 billion
Merger would make AT&T the United State's wireless carrier by a wide margin
AT&T Inc. said Sunday it will buy T-Mobile USA from Deutsche Telekom AG in a cash-and-stock deal valued at $39 billion that would make it the largest cellphone company in the U.S.
The deal would reduce the number of wireless carriers with national coverage from four to three, and is sure to face close regulatory scrutiny. It also removes a potential partner for Sprint Nextel Corp., the struggling No. 3 carrier, which had been in talks to combine with T-Mobile USA, according to Wall Street Journal reports.
Continue Reading CloseA guide to the end of SXSW’s Interactive Festival
It's never too late to network at Austin's South by Southwest tech meet-up
Are you cool enough for SXSW? Though the interactive portion of Austin’s South by Southwest festival just ended, there is still enough time to squeeze a week’s worth of 2.0 fun and networking into the final moments before the music portion of the event begins! Below, our guide to maximizing your “SXSW” (as the kids write it) experience before the end of the weeklong geek rave you’ve somehow convinced your employer to send you to “on business.”
Continue Reading CloseDrew Grant is a staff writer for Salon. Follow her on Twitter at @videodrew. More Drew Grant.
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