US police are selling seized phones with personal data still on them

https://www.newscientist.com/article/2374487-us-police-are-selling-seized-phones-with-personal-data-still-on-them/

by Brajeshwar • 3 years ago

64 15 3 years ago

newscientist.com

aetherane• 3 years ago

I don't get why police would be able to seized phones in the first place.

dingusdew• 3 years ago

https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...

"In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge against the owner is needed."

In America, when it comes to civil asset forfeiture, if they don't have enough evidence to charge you with a crime, they will charge your possessions with a crime. If you have cash in your vehicle, they can charge the cash with a crime, like being used for drug trafficking. Similarly, they can charge a locked phone with a crime of drug trafficking, without actually having to prove it. Mostly because taking the item means they will begin an "investigation" into whether or not it "committed" a crime.

"In contrast, criminal forfeiture is a legal action brought as "part of the criminal prosecution of a defendant", described by the Latin term in personam, meaning "against the person", and happens when government indicts or charges the property that is either used in connection with a crime, or derived from a crime, that is suspected of being committed by the defendant; the seized assets are temporarily held and become government property officially after an accused person has been convicted by a court of law; if the person is found to be not guilty, the seized property must be returned."

PicassoCTs• 3 years ago

This just sounds like a gateway to the widespread open robbery and stealing that is the corruption plaguing police in 3rd world countries. How could this pass any scrutiny as a valid anti-drug strategy? To dry up funds, the better strategy would have always been, to at least temporary destroy the prices by state-production of drugs.

This protestant mindset regarding vices and how to fight them is really self-destructive to the society it possess, to the point were it creates more corruption and moral decay then the one it fought in the first place. Society was saved, by destroying all of society.

kgwxd2• 3 years ago

Nothing obtained by civil forfeiture should ever benefit anyone, let alone any government office, most of all the police. I don’t know where it could go that wouldn’t be subject to abuse some how, it shouldn’t exist at all.

valdiorn• 3 years ago

In Iceland, confiscated valuables may be sold, but the proceeds must go directly to the government spending pool, to be distributed like any other government income, like taxes.

https://www.visir.is/g/202099179d (sorry, was unable to find a source in English, hopefully google translate does a decent job).

In this particular case, assistance from the Icelandic police was deemed crucial to shutting down a major Silk Road drug ring, and part of the Bitcoin funds confiscated by the FBI (355 million krona, or about $3M USD) was given to the Icelandic government. A special law then had to be approved in Parliament to enable that money to be ear-marked for cyber-crime defence.

I find it insane that funds confiscated by the police in the US can be used and spent by that police force as they seem fit. That money should clearly to into either a state of federal fund, to be re-distributed.

georgeplusplus2• 3 years ago

This is why I will never understand my Europeans peers views on government.

How you are ok with the action, but not the result is I think what separates us and The end do not justify the means come to mind here.

Personally I think if youre stealing someone's property regardless if it goes into distributed tax coffers that benefit the public doesn't make it ok.

WeylandYutani• 3 years ago

Yep when you let the police keep the money they become corrupt and more focused on chasing expensive cars than criminals.

kgwxd2• 3 years ago

But government is just going to give as much of it as they can to their cronies who claim to have built a cyber-crime defense product "perfect for the task". That product will find more "guilty" people to seize money from.

If it was spread out to decrease everyone's taxes for the year, people who "have nothing to hide" will celebrate anything that increases civil forfeitures. Give it to charity? Same problem.

It's just a terrible concept.

celias• 3 years ago

https://policeauctions.cs.umd.edu

fuzzfactor• 3 years ago

Decades ago I went to a police auction one time where they had a number of scales and balances that had been confiscated from illegitimate dealers of contraband when they were raided & busted.

Whenever there is of more of an item than there might be buyers, the best deals can be more likely.

I wanted one or more for my employer's chem lab. I was a legitimate operator recognized by first responders.

Previewing the merchandise, there was one with a gram or two of loose cannabis in the carrying case.

A number of people noticed this.

The cops didn't clean it out or do anything, they just said depending on who buys it they'll just confiscate it again in the future.

I got a couple of the lab-grade models and just left the evidence stickers on them when we put them to use.

Another time there were lots of T-tops from the popular Trans-Ams and Corvettes of the time which were commonly stolen so drivers often needed cheaper replacements from used parts dealers.

These buyers got great deals at the auction since nobody else knew exactly which cars they would fit, and the cops fully realized these were the same dealers having them stolen-to-order when a victim came in wanting one they didn't have in stock. Everybody was making money except the victims whose losses were exacerbated by the system.

US police are selling seized phones with personal data still on them

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