Naked Women And Wireless Security

from the illegal-search? dept

Yes, I’m a bit worried about what kind of people will find this post via Google in a few days, but… It appears that mobile phone security is suddenly getting a lot more attention — and for some reason, it’s got a lot to do with naked women. First, there was the whole Paris Hilton incident, where her naked camera phone photos were spread all over the internet due to weak server security from Danger and T-Mobile, and now comes the amazingly bizarre story of two cops who arrested a woman for drunk driving and then downloaded her naked camera phone photos to a PDA. No one seems to want to explain why a drunk driving arrest would involve checking out the photos on someone’s phone. Then again, this case has a number of oddities, including the fact that the cop’s partner later called the woman to ask her for a date. However, as the article points out, the cops might not have done anything illegal — and someone even claims that this is no different than if someone had lost their wallet and it had nude photos inside. Except that doesn’t seem quite right. This wasn’t a case where the woman lost her phone. This was a situation where the cop clearly took it and then actively went through it, apparently looking for photos. That seems to go beyond the standard investigative technique needed to judge whether or not a driver is sober. Either way, it appears that pictures of naked women are suddenly driving forward the important discussion on increasing wireless security. People always said that porn leads the way towards technology innovation, but they probably didn’t mean this way.

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Comments on “Naked Women And Wireless Security”

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Notonmywatch says:

Dirty Cops stealing wireless phone pictures

Just another case of out of control cops. This has nothing att all to do with wireless phone security, although if one would password their data that woiuld help. The cops are crooked bums plain and simple. If you take a bum from the streets and give him a badge and the right to carry a gun, well he is still a bum but, now has a gun. I wounder how many other crooked deeds these two leeches have accomplished.
I think nude photos should be posted of them on the internet. This way they can see how many phone call dates from BUBBA in prison they can get and compare notes.
Just my 2c

mike (user link) says:

Re: Dirty Cops stealing wireless phone pictures

Well once a person is placed under arrest cops can automatically search your vehicle, your person, you are no longer under any protection. I don’t really see them flipping through her phone that much different then digging around her seats looking for drugs.. but I still don’t like cops and their ethics, or lack thereof it should have stopped at them seeing the pictures, the point where they decide to copy them, now that seems like a crime, if not a civil digital intellectual property right violation.

just my 2 cents

Rick Colosimo (user link) says:

Re: Re: additional remedies

Actually, the exclusionary rule is just the most common remedy for a 4th amendment violation. Section 1983 (42 U.S. 1983 for those who care) offers remedies for violations of constitutional rights by state actors, and the 5th Amendment provides similar protection re: federal actors.

Beyond the exclusion of any evidence gained from the search/seizure, the woman would have a civil action against the officers (certainly in their official capacity and perhaps in their individual capacities) as well as against the relevant jurisdictions and intermediate agencies.

In fact, this alternate recovery for violations of constitutional rights is the primary backup/rationale behind the arguments for eliminating the exclusionary rule. It focuses on the idea that if you are actually guilty, most of the rationale for the criminal procedure rights and processes we’ve created goes out the window, leaving only the raw “we don’t want the government doing this stuff” argument. The camp that dislikes the exclusionary rule believes that these other remedies are a better mechanism for redressing wrongs than letting people who are factually guilty run free.

Rick says:

Dirty Cops stealing wireless phone pictures

Unless there is evidence of a possible crime, police are NOT authorized to search a vehicle whether or not the driver is arrested. If they do not state, in the driver’s presence, that they have evidence of probable cause, they CAN NOT search the vehicle. Even IF they state they have probable cause, the driver can refuse to allow a search until a warrant arrives. I can conceive of not possible probable cause that would allow the police to access a personal device like a phone or computer, especially without a warrant. And to then download things from that device without a warrant is at least a violation of personal privacy rights and may, in fact, be a crime. Make no mistake, police CAN commit a crime while on duty and in process of performing said duties.

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