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Old 12-30-2011, 01:25 AM   #11
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I know in Texas evidence from a phone cant be used without a warrant. A former co-worker had a friend who was arrested for DWI, and the officer looked at pictures on his phone. He found pictures of a marijuana growing set up in the guys house, so the police raided his house. All charges were dropped because the evidence was not legally obtained.



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Old 12-30-2011, 05:54 AM   #12
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As is the case when dealing with the need for a warrant. The courts will look at the circumstances. If there was time to get a warrant then you should have gotten a warrant. Exigent circumstances sometimes will allow search w/o a warrant. If the phone is seized, then a warrant is probably needed as there is time to get one.

PC for a search is not enough. One must have PC and exigent circumstances to justify searching with out a warrant.



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Old 12-30-2011, 03:59 PM   #13
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Thanks Robo; i was hoping you or Glass might chime in with an on-point answer.

If it comes up in a traffic stop, i do not plan on voluntarily turning over my phone without a warrant. I won't lie about having one; i realize that isn't legal. I guess the best way would be to politely decline the request citing the warrant issue and then follow the officer's lead.

I have to stop driving to text; my phone has a full querty keyboard that stretches my skills when sitting at my desk much less while driving. I also never really mastered reading while driving, so i just pull over at the next opportunity if i get a text.

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Old 12-30-2011, 04:06 PM   #14
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Originally Posted by orangello View Post
I also never really mastered reading while driving, so i just pull over at the next opportunity if i get a text.
you think that's tough.....Shaving While Driving: Florida Woman Crashes Car While Shaving Privates - ktla.com
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Old 12-30-2011, 05:04 PM   #15
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i will add this, i worked for two different companies in the past that i was furnished with a company cell phone for work. company policy for both was you stopped and pulled over ifyou had to make or recieve a call. a violation for this could lead to termination. many a time was when i couldn't answer the phone and i let it go to voice mail. why can't people just learn to be a little safer and use some common sense when using a cell phone and driving.

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Old 12-30-2011, 08:56 PM   #16
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i will add this, i worked for two different companies in the past that i was furnished with a company cell phone for work. company policy for both was you stopped and pulled over ifyou had to make or recieve a call. a violation for this could lead to termination. many a time was when i couldn't answer the phone and i let it go to voice mail. why can't people just learn to be a little safer and use some common sense when using a cell phone and driving.
Basic common sense has been replace with an inflated sense of self-worth. Their phone calls and text messages are much more important than any accident they can and will cause.
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Old 12-31-2011, 03:06 AM   #17
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Default CA already explicitly allows it

As you might expect, California recently passed a law which explicitly allows police to look at the contents of your cellphone if they stop you for any reason (e.g., a routine traffic stop). Of course, if you have security on your phone they can't force you to provide a password ;-).

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Old 12-31-2011, 03:21 AM   #18
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snip ~ Of course, if you have security on your phone they can't force you to provide a password ;-).
Really? Just wait a bit, they'll get around to passing that law too
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Old 12-31-2011, 03:33 AM   #19
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Quote:
Originally Posted by RichNH View Post
As you might expect, California recently passed a law which explicitly allows police to look at the contents of your cellphone if they stop you for any reason (e.g., a routine traffic stop). Of course, if you have security on your phone they can't force you to provide a password ;-).
That law will be challenged and likely overturned. A State cannot enact a law that overrides the Constitution. That is called unconstitutional. Leave it to Kali, the State that is ALL about personal freedom passes a law like this! I guess personal freedom is not that important to them afterall.
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Old 12-31-2011, 04:36 AM   #20
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I can't find any info on that law, though I can find info on a ruling by the California Supreme court last year allowing officers to search phones after an arrest...
And trip... that's why you set your phone to delete everything if it's entered incorrectly after a few tries.



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