Comments on: Are Your Cell Phone Text Messages Safe from Government Eyes?

By: Darci

Darci — Wed, 26 Aug 2009 19:25:23 +0000

I was pulled over today because a cop thought i was texting while driving. He DEMANDED to see my cellphone and told me that if I did not give him my cellphone he would impound my car. What was I to do? He then told me after that I was speeding in a school zone and changed lanes in a school zone which I never did either. He wrote the ticket for 17 over in a school zone and improper lane change. What do I do? I did neither of these?

By: Cole

Cole — Sun, 26 Jul 2009 10:27:11 +0000

After arrest for first time MIP, at the jail (Yes, jail!!) the arresting officer opened my mobile, then opened and read two text messages aloud. Then asked me who a third one was. No Miranda at any time. I was a rear seat passenger and alcohol was allegedly found under a front seat. The person sitting in that seat was not charged and her parents not even called. It was a friend’s car and we (at least I) did not know it was there.

By: Joe

Joe — Mon, 06 Apr 2009 01:30:50 +0000

Hey Chuck, I would find out who those officers were and slam them with misconduct charges, of course get a lawyer. They had no reason whatsoever to engage in that conduct and furthermore, they had no reason whatsoever to pull you over in your vehicle. There are probably thousands of teenagers in your community, why you? Find out who did that to you and report this. What kind of world is this when police can just rummage through ones cellphone and pick and choose what information they will take? When police finally realize their true duties as police officers, this world will be a better place. Until then, they will be the egocentric, “i know everyone in town,” type people. But when they actually have to do work, it doesn’t get done. Unless it involves their night sticks and someones asshole, or target practice with human lives.

Town police are the worst, I have respect for State Police as they actually deal with far more delicate tasks. Town police are the epitome of low-life, their job is based on quota strictly. Of course they have to do work but the majority of their work comes from routine traffic stops and bull shit.

Today, while at my job, I see a police officer (town) drive by the front of the place. He then parks his car and starts to walk up to the people in the fire lane waiting for their loved ones to get into the car. I suppose he told them to move as they did shortly after. Really though, is this what we pay for? Believe me, if the building is about to burn down, the cars will move before the fire truck gets there.

By: steve

steve — Tue, 10 Mar 2009 23:34:42 +0000

All of Kwame’s text messages were published yesterday by the Detroit Free Press. Talkingpointsmemo has the details, here.

By: Chuck

Chuck — Sun, 12 Oct 2008 17:06:33 +0000

Ive been pulled over by the cops who were looking for kids of my discription. they demand my cell phone without any other reason rather than me being a teenager and went through each and every text and contact taking names of those in the messages allthough none had anythin to do with what they were looking for. I this legal?

By: Dvd

Dvd — Thu, 19 Jun 2008 17:19:58 +0000

Update:
Recent 9th Circuit Decision upholds privacy interest in contents of text messages:
“As with letters and e-mails, it is not reasonable to expect
privacy in the information used to “address” a text message,
such as the dialing of a phone number to send a message.
However, users do have a reasonable expectation of privacy
in the content of their text messages vis-a-vis the service provider.”

“…the OPD surreptitiously reviewed messages that
all parties reasonably believed were free from third-party
review. As a matter of law, Trujillo, Florio, and Jerilyn Quon
had a reasonable expectation that the Department would not
review their messages absent consent from either a sender or
recipient of the text messages.
… reasonable expectation of privacy, which turns on the Department’s policies regarding
privacy in his text messages. We agree with the district court that the Department’s informal policy that the text messages would not be audited if he paid the overages rendered Quon’s
expectation of privacy in those messages reasonable.”

By: steve

steve — Sun, 04 May 2008 18:09:45 +0000

Detroit Free Press has the text messages now. And… TPM says it best: “Denial ain’t just a river in Egypt.”

http://tpmmuckraker.talkingpointsmemo.com/2008/05/the_last_time_we_checked.php

By: steve

steve — Tue, 05 Feb 2008 15:42:59 +0000

Michigan Judge Robert Columbo from Wayne county (Detroit) has ruled that the text messages should be released to the public, and he’s given the city 3 days to appeal:

http://www.clickondetroit.com/news/15220062/detail.html

This should end well.

By: LC

LC — Thu, 31 Jan 2008 18:05:11 +0000

Barry- To me, this is surprising because of a distinction that may be basic but isn’t always thought about when dealing with the Fourth Amendment. To come within the scope of 4A, the person doing the search has to be a government actor or a private party acting at the behest of the state. So while it may be surprising how much information is out there on the internet for curious eyes to see, it’s just a different feeling of invasion to think about the state being able to search your personal information during a traffic stop. It’s not a google search, it’s a search of your physical person and possessions. Also, I view the 4A as one of the most basic, valuable, and fundamental mechanisms to limit the power of the state. Without the 4A, information can not only be found, but used against me in criminal proceedings–much different than a private party simply conducting a background check.

At least to me, information about my criminal record, etc. through a background check by a private party isn’t as much of an invasion as a police officer scrolling through my cell phone on the side of the road.

That’s why the 5th Circuit ruling surprises me and I’ll be keeping an eye on 4A jurisprudence from here on out.

By: steve

steve — Thu, 31 Jan 2008 16:54:39 +0000

You don’t even need to do a background check. If you want to freak yourself out, search for your own name at

http://www.pipl.com

By: Barry

Barry — Thu, 31 Jan 2008 14:16:58 +0000

Is it that big of a suprise? Just about anybody with a little knowledge can secretly read your private information and conduct thier own little background check.

By: CommentURL.com | A world of interesting web pages

CommentURL.com | A world of interesting web pages — Thu, 31 Jan 2008 10:43:04 +0000

Can the Police Read Your Text Messages? | CommentURL.com…

thelegality.com

You may be surprised to hear the answer. How well do you know your rights?

The…