Handing over a Cell phone to LE ?

Discussion in 'Trucking Industry Regulations' started by Hanadarko, Dec 3, 2011.

  1. Hanadarko

    Hanadarko Independent Owner/Operator

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    I was discussing this with BW900 the other day and was wondering what is the LAW,
    if your pulled over and a member of Law Enforcement asks to look at your cell...

    Do we HAVE to hand it over? - What is the actual LAW here?
    Is Probable Cause sufficient?

    :biggrin_25524:

    What if we refuse? - It's personal property....
    I know there have been discussions about this in the past but I don't recall anything other than
    beliefs and rumors...
     
    bullhaulerswife Thanks this.
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  3. heavyhaulerss

    heavyhaulerss Road Train Member

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    if you have anything on the phone, that may be used against you, why not, just turn it off, & hide it,when you see the blue lights & tell them you do not carry a cell phone? I know this does not answer your question. sorry. I do not know the answer.
     
  4. SHC

    SHC Spoiled Rotten Brat O/O

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    I have no idea what the law is, but I always turn the power off and reach behind me and slip it into the cabinet behind my seat. That way if it is out of sight, they won't think about it. And if they do a search and find it, it is still turned off so i don't see them being able to turn it on w/o probable cause and I doubt they could use it against you if they did in court.
     
    volvodriver01 and Hanadarko Thank this.
  5. Roadmedic

    Roadmedic Road Train Member

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    I found the following to add spice.

    https://www.eff.org/wp/know-your-rights

    :The police pulled me over while I was driving. Can they search my cell phone?A:Maybe. If the police believe there is probably evidence of a crime in your car, they may search areas within a driver or passenger's reach where they believe they might find it - like the glove box, center console, and other "containers."Some courts have found cell phones to be "containers" that police may search without a warrant.


    http://www.theblaze.com/stories/mic...ur-cell-phone-data-without-the-owner-knowing/

    This one is annoying with the signup screen.
     
  6. crazywolf

    crazywolf Bobtail Member

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    i think it b.s. myself.,i can understand if youre at fault in a accident or suspected of a crime,but not just because they wanna see youre pictures of youre old lady or something.i turn mine off/or ringer,and hide it when i go thru a coupe,and if asked i dont have one,sorry bout youre luck ;)
     
  7. Tardis

    Tardis Light Load Member

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    In this day for a trucker to claim he doesn't own a cell phone is such a bald faced lie that you are inviting a much more complete inspection. The bears can find fault on any truck any day with enough time and determination.
     
  8. Hanadarko

    Hanadarko Independent Owner/Operator

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    See...We need to know what the LAW is here. Maybe it's different state to state but I am not sure...
     
  9. Winchester Magnum

    Winchester Magnum Road Train Member

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    I have an older cell phone from years ago that isn't in use or on my plan.

    "Here you go officer".
     
  10. Hanadarko

    Hanadarko Independent Owner/Operator

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    This is my belief and what I would do. My Razr has a quick mode to OFF and then I put it in the seat rear pocket....
     
    SHC Thanks this.
  11. 123456

    123456 Road Train Member

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    mine is always password protected..........
     
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