Handing over a Cell phone to LE ?

Lousy lawyer.

 

I believe I am getting that new headset that uses the noise surpression and mic that are used by military (Seals, Special ops, etc) for Chrismas.

My Santa likes it when I'm naughty so keeping my fingers crossed.

 

There is, however, I HUGE difference between refusing an order, and refusing consent. If an office wants to search me, I can, and will, refuse to give my consent. However, I will allow he/she to search me without resisting- that's the important difference. That way, you are politely moving the burden to their shoulders. If they search you without consent and without probable cause, and find nothing, they are in a world of trouble.

 

Yes the phone is hands free... at no time do I have to touch the phone to make or receive a call. That is, by any and every definition you can find, a hands-free phone.

 

I need to make a correction on one of my statements earlier. I inferred PC has to exist in order to request permission. This is not what I meant to say. What I was trying to say is, an officer has to demonstrate probable cause existed before requesting permission in order to execute a search after permission was denied. The officer may request permission all he wants, for any or no reason, just because he wants to get to know you. It's up to you whether you will allow a fishing expedition.


3B: I did not have a lawyer. I've been through the academy and can talk to 'em in their own language.

 

No Search Warrant,No Phone

Simple

 

If most of you would actually READ the new regulation...it allows for ONE button press to initiate a call. Whether it be a single button on the phone's touchpad to enable a speed dial call or a button on a blue tooth headset such as the multi-function button on a Blue Parrot.

 

I havent read all the post on this thread but here are my 2 cents as a leo. 1st in 12yrs I have never seen a reason on a traffic stop to ask for someone's cell phone. If there is an accident involved and we suspect the phone was in use and the operator tells us F off you cant look we have to get a warrant to get the records from the carrier. Even in missing persons cases ect we still have to get a warrant the carriers just dont give it up. Just like asking to search your car/truck you can tell them to F' off and they CANNOT search your vehicle UNLESS you have been arrested. If the glove box is locked or anyother compartment is locked they have to have a warrant to enter that area. Another thing people dont no is on a traffic stop you are allowed to refuse to talk or answer questions. It is your right. Hand them your license and anyother documents they request with in the law and dont talk to them, you dont have too. Piss them off, of course, but its your right...