Illegal for police to look at cell phones.

On the flip side of things, keep this ruling in mind next time you see a 4 wheeler drifting across lanes of traffic while texting.

The "No Texting While Driving" laws across the country just got thrown out the window.

 

Sweet, so for when I get pulled over I will have my bird dog in one boot, and my cellphone in the other boot!

 

probable cause. and with the gestapo. anything is probable cause. cuz that's the only thing they have on their brain. but we all know they need psychiatry help.

 

There are so many in this thread that should change their User ID to "chicken little" that they'll have to number them into triple digits.

 

Absolute statements are usually wrong.

http://blogs.findlaw.com/blotter/20...-phone-searches-3-things-you-should-know.html

Google "NYC Stop & Frisk".

There are no constitutional protections that cannot be whittled away by continuous frivolous lawsuits... except the right to challenge the Constitution with continuous frivolous lawsuits.

 

A LEO cannot not just state "probable cause" to commit a search, there has to be a justifiable reason for it to be legitimate, mentality aside. If no justifiable reason for probable cause and a search is committed anyhow, the case is dismissed and plaintiff has grounds for civil suit, LEOs do not want to waste their time, judges do not want their time wasted, nor do DAs.

No one is required to utter a word to a LEO if they are contacted, one has protection under the 5th amendment;

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

The Fifth Amendment protections do not ONLY assert for a Capital Offense, but also "otherwise infamous crimes" which has been ruled to be any criminal statute by SCOTUS... just being didactic ...

 

"nor shall be compelled in any criminal case to be a witness against himself,"

 

OK listen up.

Start with reading this link -

http://www.vox.com/2014/6/25/584193...hone-privacy-wurie-riley-roberts-decision-nsa

This is the best explanation of what it means I've read so far. Read number 8 and 11, it is specific to this issue.

The sleeper is still off limits, the phone is also off limits, the crime has to be define so texting may not be a crime but a traffic offense. If they really want to solve this texting while driving thing, then they can just simply have the FCC make texting illegal for the carriers to offer - end of problems and no more idiotic laws.

ALSO as a commercial driver, you still have to abide by the regulations that govern you which means if you have your logging info on your smart phone, then it can be looked at.

AND most of all for those who don't know this - the Border Patrol can search everything you have no matter if it is on your person or if it is in the truck, they do not have to have a warrant, give you a reason or put it all back.