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
A transit officer in Minneapolis, whose main job is to ask “Tickets, please!”, was filmed May 14 wanting “Papers, please!”. The video posted on Facebook on May 20 has over 1 million views. In the clip, the officer asks the man, “Do you have a state ID?” The man appears to shake his head no. […]
Death Row inmate JW Ledford, after enjoying a 5,000-calorie last meal, was killed with a lethal injection by the U.S. State of Georgia this morning. He quoted Cool Hand Luke, smiled and said “you can kiss my white trash ass,” then had his mic cut as he began ranting. For his final meal on Friday, […]
Noncompete agreements have historically been the provision of highly-placed execs and critical “knowledge workers” (and even then, fast-growing economies like California have banned them in the interests of encouraging competition and growth) but now employers are routinely making the “agreements” a condition of unskilled waged labor, from making sandwiches to digging holes for $10/hour.
Loot Crate is a subscription service that delivers a box of curated pop culture goods to your doorstep. To sample their geeky wares, you can order a single mystery box exclusively from the Boing Boing Store.Each month Loot Crate sends you 6-7 unique items and apparel, including collectibles, books, and t-shirts. Pulling inspiration from all […]
Yes, yes there is. The ultraportable Twisty Glass Mini boasts all of the simplicity of its forebear, while fitting just a little bit better in your pocket.The Mini is perfect for casual smokers, and anyone who doesn’t have the patience or fine motor skill for rolling papers. This piece keeps the convenient design of its older […]
Learning to code is a perfect way to grow your technical sophistication, and open up a host of new career options. But since most “learn to code” initiatives focus heavily on web development, it can be tough to find good resources for general-purpose computer science outside of a 4-year degree program. To get a broad […]