Police needing warrant to download phone data
Police needing warrant to download phone data
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wjwren

Original Poster:

4,484 posts

165 months

Tuesday 27th March 2018
quotequote all
Police should need a warrant to download data apparently. http://www.bbc.co.uk/news/uk-43507661

A work colleague had his taken by police after a Facebook he said she said my wifes a slag spat. They took it off him over a year ago and accused him of being difficult as they couldn't access the cloud storage in the phone. It was only after he pointed out that Sony closed down the service in 2014 that they released their mistake, and also he had never used it as the phone was purchased in 2016.

I think the police are over run with 'digital' crime. I have friends in the police who are burdened with online social media name calling and reporting it to the police, instead of just closing their accounts down and getting on with life.

The Rookie

286 posts

227 months

Tuesday 27th March 2018
quotequote all
wjwren said:
Police should need a warrant to download data apparently. http://www.bbc.co.uk/news/uk-43507661
'Should need a warrant apparently' means what in recognisable English?

They either need a warrant or do not, that article strongly suggests they don't need a warrant but that the group concerned is advocating they should - how much support that position is very open to question. That of course isn't at all 'Should need a warrant apparently'.

Sgt Bilko

1,929 posts

245 months

Tuesday 27th March 2018
quotequote all
Strange article.

Law enforcement will only take a device if there’s a warrant or if it’s believed that there is material of evidential value on it/relates to a crime (attribution of a device to call data already obtained). Much in the same way a laptop or computer is seized if the investigation identifies it necessary. It’s impossible to download and return on scene as ISO evidential standards require examination labs now. It’s the same with a bank of filing cabinets in a company, you couldn’t be expected to go through them on scene so the whole lot is seized. Current good practise is to issue a bulk material (seize and sift) notice. The examination of the device is covered under the original sezure power.

Also funny, “new technology to download devices”. Been around for at least 6/7 that I can remember and possibly longer.

Edited by Sgt Bilko on Tuesday 27th March 22:42

TooMany2cvs

29,008 posts

156 months

Tuesday 27th March 2018
quotequote all
MUST HAVE WARRANT - my phone, trivial FB bhslapping.
WARRANT IS RIDICULOUS BUREAUCRACY - a terrorist/paedo/murderer's phone, vital evidence.

What? The police and security services don't automatically know which person or phone belongs to which of those categories? Well, isn't it obvious? Harrumph!