Illegal for police to look at cell phones.

Give Obama enough time, and he will use his pen and his phone to put in some kind of exception.

 

The realities are, the guy with the badge and the gun can do just about anything they want. It is only later in a court of law that the problem can be ironed out. But one thing is for certain, you do not have to answer any questions or provide anything without first seeking advice from legal counsel. And you sure don't have to provide pass codes or such things to any officer that wants to search your cell phone. The 5th amendment thing is an easy one to work with, and supplements the 4th. You do not have to assert that right, you only need to say that you would like legal counsel before answering any questions. You don't have to be a jerk about it, just politely make the point. You don't have to look like some Bill of Rights fanatic (though we probably should all be one) to the LEO, just ask for legal representation and let the lawyer do the asserting for you. Do not consent to anything without first seeking legal advice. This has nothing to do with whether the offense is capitol or misdemeanor. If the LEO wants to search the phone, then he will have to get a geek from the local college to hack in, because you are not going to provide the code without first getting advice from counsel. There are times with lawyers do need to be taken out and humanely done away with, then there are other times when they can really be an asset.

Either way, it all depends on how far you are willing to take it.

 

Can you tell me where i can find this info as i just had this happen to me ,the officer ripped open the privacy curtain and began looking..thank you for any info that you can give

 

As if bush didn't do that also with his homeland security when they created that department?

 

It's a recent Supreme Court decision. That being said, since the cop has the gun, he/she can pretty much do any dang thing they want to. Whether the result of their action is usable in court is a different question

 

SO what if they have the gun, so what he says but when he looks into the sleeper, ask him why and tell him it is off limits other than to look at the bed.

I tell people when you get pulled over or inspected, hand them your license and paper with your ALCU membership card.

 

Usually the best thing to say if they want to search your vehicle is...

"I do not consent to you searching my vehicle, but there is nothing I can do to stop you."

This way, you are not obstructing the officer from there duty, and also, not consenting removing their requirement of a warrant. It might not stop them from detaining you for something, but will help you when in court.

 

The Patriot Act had a sunset clause written into to, it was set to expire after Obama took office.

Obama reauthorized it.............