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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

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By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

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ACLU wants MSP records on cell phone searches

By Ed Brayton | 04.14.11 | 8:07 am

The ACLU of Michigan is demanding that the Michigan State Police turn over documents relating to a technology they possess that allows them to scan and copy a wide range of data from cell phones without the owner of the phone even knowing they’re being searched.

A previous FOIA request confirmed that the MSP has such devices, but the state has not fulfilled a request for documents showing how often they have been used in the field. The ACLU explains the history of their requests:

Several years ago, MSP acquired portable devices that have the potential to quickly download data from cell phones without the owner of the cellphone knowing.

The ACLU of Michigan expressed concern about the possible constitutional implications of using these devices to conduct suspicionless searches without consent or a search warrant.

In August 2008, the ACLU of Michigan filed its first FOIA request to acquire records, reports and logs of actual use.

Documents provided in response confirmed the existence of these devices, but MSP claimed that the cost of retrieving and assembling the documents that disclose how five of the devices are being used is $544,680. The ACLU was then asked to pay a $272,340 deposit before the organization could receive a single document.

FOIA experts call this “financial stonewalling” — using exorbitant costs to dissuade the person or organization that made the request from going forward with it. But the law says that those costs can be waived if the release of that information is in the public interest — and it certainly is in the public interest to know how often and in what circumstances the police are using a device that can violate the Fourth Amendment at will.

“We should not have to go on expensive fishing expeditions in order to discover whether police are violating the rights of residents they have resolved to protect and serve,” said ACLU attorney Mark Fancher. He’s absolutely right.

Comments

  • http://profiles.google.com/wattervilleh Henry Waterville

    That is terrible. The Michigan State Police might be able to find that I have a shopping list received as a text message on my mobile phone. They will know that I needed to buy peanut butter and orange juice last week. If I were a terrorist or a crooked politician, I would especially want to keep any illegal content on my cell phone private. I am glad that the ACLU is on the case to protect my privacy and the privacy of all those criminals.
    I understand why ACLU thinks this is important. They are concerned that “Big Brother” will be peeping into our lives even more than it already does, but let’s be real. Does anybody truly believe that our State government has enough money laying around to be able to compile a “Hitler Style” dossier on all of us? The MSP has limited funds, so they are not going to be able to waste their time collecting data from legal residents that live a mostly legal lifestyle. That is why I am not at all concerned.

    • http://profiles.google.com/g.e.vandersyde Garritt VS

      So you don’t mind if the police:
      * Download the nude photos your wife/girlfriend (or wife AND girlfriend) sent you?
      * Download your call log and see that you were talking on the phone while driving (illegal in some jurisdictions)?
      * Check your call log to see if you have been in contact with any other person they are currently investigating (whether or not they are criminals, regardless of your relationship to them)? Being a “law-abiding citizen”, you don’t know or have any dealings with marijuana growers/dealers/users, thieves, corrupt politicians (since you mentioned them), “terrorists” (as defined by the law-enforcement officer investigating) or other shady characters… so you have nothing to hide or fear from the police investigating you “just because”, right?

      • http://profiles.google.com/wattervilleh Henry Waterville

        To address Garritt’s points:

        Item #1: My wife is too smart to send nude photos of herself to my cell phone. Only a total air-head would think those images would be secure.

        Item #2: I DO NOT use my phone while driving, REALLY. I do not need to talk to people every minute of the day. The caller can leave a message or call me back later.

        Item #3: During the day, I work with teenagers. With all the students that I see each day, I am sure that some of them have had issues with the police, but the students do not call my phone, and I do not call them. Do the police want my phone log? I will gladly send it to them. I have no secrets to hide.

        I certainly do not completely trust our government, but I think many people are overly obsessed with the possibility that law abiding citizens are going to be arrested by the police for not reason at all. The police may be sloppy or at least lazy in the way that they conduct investigations, but they are smart enough to not waste their time digging into my past. By playing by the rules of the land, I have always been able to fly below their radar. Maybe I am just too dull and boring to break the law. It is more likely that I am just too lazy to do wild stuff that might get me in trouble. What ever the reason, I have never considered myself in danger of being investigated by the police.

    • Eddie273273

      ” Does anybody truly believe that our State government has enough money laying around to be able to compile a “Hitler Style” dossier on all of us? ” Yes they do Henry . They have the people and money to track your every movement listen to every conversation and to arrest and confine you without charging you for a crime . Welcome to Police State America .

  • Anonymous

    It isn’t about whether or not they are compiling “Hitler Style” dossiers on all of us. The fact of the matter is, they are violating search and seizure laws that are in place to protect everyone. I don’t expect complete privacy when using my cell phone and I’m careful as to what I download onto it (and careful as to what I use it for – no purchases via wifi, for example), but I also don’t expect an illegal search and seizure of the contents of my phone. I don’t have anything to hide, either, but it isn’t about whether or not I’m hiding anything. It’s the principle of the matter. We allow the chipping away of our Constitutional rights (privacy, in this case) and before you know it, we don’t have any rights left. If they suspect I’m involved in illegal activity and have some evidence of that, get a search warrant, otherwise leave my phone contents alone.

  • http://www.facebook.com/polinchak William Polinchak

    Try this app. It hides SMS messages. It allow writes messages out in a format that the Police device cannot read.

    https://market.android.com/details?id=com.blu.cheaterz&feature=search_result

Categories & Tags: Criminal Justice| Judicial/Legal| Justice/Civil Liberties| | | |