lost and found

[bob95321]

question 1:

Say the police are about to pull over a car. The car stops, and everyone inside gets out a runs away. The police don't catch anyone, but are left with the car from which everyone was clearly trying to get away.

In the car is a cell phone. What can the police do with the cell phone?


question 2:
Now suppose you are just walking along, minding your own business, and find a cell phone. Is there some way to find out who the phone belongs to?

[Cobra]

Question 1: Get ahold of the phone company and ask for who the phone is registered to.

Question 2: Look through the phone book on the phone, and find a number that indicates there home number, and call it and say "I found this cell phone..blah blah blah"

[Switchback]

CObra covered, #2.

Regarding #1, you have no idea what can be done with that cellphone. All it takes is a little paperwork. :D

[Oldbillplod]

I dont know about the US but in the UK when you buy a nphone you have to show verified ID, if the police find a phone for whatever reason they can check the IMEI number (haven't a clue what that means) and trace it back to the original owner.
also if the phone is stolen the phone can be made completely useless by just quoting this number.

[bob95321]

okay. just one more "hypothetical."

now say a border patrol remote camera spots a car and a truck on the highway. the camera operator watches both stop and the driver of the truck gets into the car and takes off. then a group of "suspected" illegal aliens gets into the truck and it takes off.

camera operator calls patrol agents. two agents stop the car, but do not know the camera operator was the one who saw the vehicle trade-off. they ID the car occupants and let them go. meanwhile, two more agents light up the truck which promptly swerves off the road, through the fence, and into the thick brush where it stops. at least three of the truck occupants abscond, including the driver. only two occupants, central americans w/o docs, are apprehended. the cell phone is found in the floorboard of the truck still turned on.

here's what gets me. "hypothetically" the vehicle (not reported as stolen--yet) is left with the land owner as compensation for damage to the fence. if no one claims the vehicle, the land owner can obtain ownership after a period of time. the intel office would like to see what numbers are in the phone, but does not discuss any information they might be able to obtain. and the agent who found the phone is not supposed to seek access to any information found in the phone. and finally, the central americans w/o docs are allowed to call their family or friends living here to come pick them up, and are released with temporary docs.

nobody wants to discuss whether the incident was caught on tape or whether the phone can be tied to the two men in the car, or least of all, trying to send a case to the (worthless) AUSA.

[bob95321]

p.s. sorry about the bitter tone of my hypothetical.

[Joeyd6]

What is the question on the second hypo?
I am not familiar with the BP's policies...but it doesn't make sense they would leave the truck with the property owner. Here in NY I would impound that that vehicle for "Investigation."

[bob95321]

oh yeah! there was supposed to be a question, wasn't there?

i guess it was, "What would other agents/officers do in this situation?"

as far as leaving the car with the land owner, vehicles used to smuggle aliens are typically abandoned to avoid being linked to the vehicle. often (low quality) vehicles are bought for cash and the registration is not updated. therefore, to keep up good relations with land owners, we have long had the policy of handing over the keys when the vehicle goes through the fence.

[mcsap]

oh yeah! there was supposed to be a question, wasn't there?

i guess it was, "What would other agents/officers do in this situation?"

as far as leaving the car with the land owner, vehicles used to smuggle aliens are typically abandoned to avoid being linked to the vehicle. often (low quality) vehicles are bought for cash and the registration is not updated. therefore, to keep up good relations with land owners, we have long had the policy of handing over the keys when the vehicle goes through the fence.

Very interesting. Have any of the "owners" ever come back for their cars ??

[bob95321]

most of the time, once they've taken out a fence they're in no condition to drive away again. most of the land owners own large ranches with tractors so they can pull the cars out themselves. often bp agents and land owners don't get along very well. bp agents tearing up the ranch roads, etc. it's kind of like a peace offering, in addition to getting out of some paperwork.

anyway, the smugglers don't want the vehicle back, and the people who sold the vehicle to the smugglers just say they sold the car and don't remember anything about the person who bought it.

rental cars also get used pretty often, but they get held for the rental company to come and get what's left of them.

[HiTech]

Question 1: Get ahold of the phone company and ask for who the phone is registered to.

Question 2: Look through the phone book on the phone, and find a number that indicates there home number, and call it and say "I found this cell phone..blah blah blah"

Question 1: You need a search warrant or subpoena to get this information from a cellular company

Question 2: If you access the phone without a search warrant you will taint any evidence it holds.

Question 2: continued. If the phone handles Email you need a wire tap warrant to look at the contents. If you go into the Email without one you are opening yourself up to a personal lawsuit.

[bob95321]

we don't see many search warrants. usually just the ones on tv shows. i'd heard they are working on cell phone directories, and it just seems like there'd be a way to return someone's property to them in this sort of situation.

it doesn't matter much. leaving a truck on the side of the highway and having someone "steal" it wouldn't fit the definition of smuggling or aiding illegal entry closely enough for the AUSA to take the case anyway. sometimes the best we can do is just tell someone face to face what you know and indicate that they better find a different way to do their business.

[Cobra]

Question 1: You need a search warrant or subpoena to get this information from a cellular company

Question 2: If you access the phone without a search warrant you will taint any evidence it holds.

Question 2: continued. If the phone handles Email you need a wire tap warrant to look at the contents. If you go into the Email without one you are opening yourself up to a personal lawsuit.

I was speaking from a civilian standpoint on Question 2...

[HiTech]

Since this is in the ask a cop section I wasn't thinking with my civilian hat on. That being the case, obviously a civilian wouldn't need a search warrant. But the Email liability is still there. The federal Electronic Communication Privacy Act is an ugly bit of legislation.

[Cobra]

Nah, I mean I thought he was talking like he himself, a regular civilian, just walking down the street and finds a cell phone...