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As Upturn’s report finds, these types of warrants lead law enforcement to investigate not just specific crimes, but the lives of the people under surveillance. Imagine police looking through a car for stolen credit cards, then finding cocaine.īut MDFTs are so powerful that Koepke says they can give police wide access to a person’s private data. Koepke says police in these cases say they’re acting under what he considers an improper interpretation of the “plain view exception.” That allows police searching for evidence of one crime to recover evidence of other crimes that is “in plain view” during their investigation. “What we've heard from some is that an arrest might be made in order to get access to the phone, such that they can then potentially charge higher offenses or more serious offenses,” Koepke says. It’s legal for police in other states to retain data extracted from a phone, even if the owner is never convicted of a crime. Policies in New Mexico, Utah, and California require deleting data not immediately pertinent to an investigation, but the overwhelming majority of states do not. But, the team found that data extracted from phones is rarely deleted. The Upturn report doesn’t detail whether the extracted data leads to additional charges.
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In the search warrant obtained by Upturn, an officer said the data would determine whether the texts “possibly include discussions of the $70.” Police arrived, arrested both juveniles, and eventually obtained full copies of their phones, including their call logs, the contents of texts and emails, internet search history, and GPS data. In 2017, police in Coon Rapids, Minnesota, about 30 minutes from Minneapolis, responded to a report of two juveniles fighting over $70 in a McDonald’s. The team sent public-record requests to state and local law enforcement agencies across the country and found that more than 2,000 agencies have at some point used an MDFT.
The report’s authors argue the tools provide information about people’s lives far beyond the scope of any investigation, and few police departments limit how or when they can be used. While police have relied on the evidence uncovered from these phones to close high-profile cases, the authors of the Upturn report say the practice is largely secretive and risks an “unacceptable threat to Fourth Amendment protections” against overbroad searches.īetween 20, Upturn found almost 50,000 instances of police using mobile device forensic tools (MDFTs). Law enforcement in all 50 states have contracted with vendors like Cellebrite and AccessData to access and copy data from locked phones, according to the report.
A new report from the Washington, DC-based research nonprofit Upturn uncovers how police have maintained access to suspects’ phones even as these defenses grow more complex: by contracting with digital forensic firms that specialize in bypassing locks and accessing and copying encrypted data. Smartphone security measures have grown increasingly sophisticated in recent years, evolving from passcodes to thumbprints to face recognition and advanced encryption.
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