After a crash, should police be able to look through your cell phone history?

As human beings under a Constitutional Government, we have 4th Amendment Rights to be secure in our papers and effects against unreasonable search and seizure.

BUT.....

As CDL holding Drivers, Who have agreed to be governed by the Statutes and Ordinances of the Federal Motor Carrier Safety Administration (FMCSA) Operating a Commercial Motor Vehicle involved in Inter and Intrastate Commerce, we are all subject to Maritime Admiralty and FMCSA Law and as such
we have implied certain consent to give up some of our Constitutional Rights. For example when acting as "Drivers" we aren't allowed our 2nd Amendment right to have a firearm for protection. This also extends to having the cab of our trucks searched effectively eliminating our 4th Amendment Rights as well.

I would argue that a cell phone is not the property of the "Driver" (us) but the property of the Human Being (us) and therefore a warrant would have to be issued by a judge to have the phone searched since the Bill of Rights and the Constitution apply not to "Drivers" but "Human Beings"

Texting, Watching movies, or looking at the internet while driving is certainly a bad idea and not safe, nobody should do it.
However; I have a real problem with the
"Ive got nothing to hide" and the "I've no problem with more laws to stop bad people" crowds.


I would go into more detail but there is no sense in trying to explain the intricacies of cause and effect to folks
who can't even use punctuation.

Punctuation:
It's the difference between..

Helping your Uncle Jack, off his horse.
or
Helping your Uncle Jack off his horse.

 

As much as I would love to see this happen; I'm pretty sure that a Citizens Arrest cannot be performed unless a citizen witnesses a verifiable Felony.

 

my only point is if we as drivers didn't do stupid stuff the government
would never have intervened and gone overboard trying to control us
the reason there is HOS is because jacked up drivers drove for days
without common sense so the government steps in and makes a mess of it
still it started with us
most likely me with my poor punctuation

 

No "buts about it! At what point did we having a CDL, give up any constitutional rights or privilege? Please scan and post that document YOU signed that relieves you of those rights or Constitutional guarantees? Take your time...it doesn't exist!

Governed? Exponentially wrong terminology here! I am not "governed" by regulations, I agreed to "abide by" said regulations, and only after being taught which regulations I, as a "driver" are required to follow. BTW...it was my (and your) choice to accept these provisions when we attained that CDL!

1. FMCSA has no statutes or ordinances...they have a long list of REGULATIONS...big difference!
2. Where is your punctuation separating "(FMCSA)" and "Operating"?
3. I know what you are trying to project (maybe a short cut) but what is "Inter"? Did you forget the last five letters of the word?
4. We are not ALL subject to Maritime Admiralty Law. Only those that deal directly with "sea going commerce"....and actually it is more apt to be applied to the companies that deal with contract litigation of "sea going commerce". You can include "navigable commerce"...as in freight on navigable rivers, i.e. Mississippi River barges and such.

Please post a link to this "law", or loss of the right to bear arms to any individual because that individual has a CDL! The closest thing you might come up with could be the fact it is illegal in some states to transport a concealed weapon across that state line. Even if you have a concealed weapons permit from one state, or locality, that permit does not entitle the bearer to the same permit rights in any different jurisdiction than that which the permit originates from. Nor is there any law or ordinance requiring any other jurisdiction to acknowledge the findings of another jurisdiction.

Many companies do not allow firearms to be carried in their vehicles or on their property...but that is their right...and you (or the driver/employee in question) agreed to that "policy" when you chose to work for that company!

You better check the "search and seizure" rules....plus, there is a huge difference to a company truck versus an O/O truck, as well some difference to anyone operating one of these Lease Option trucks.

Please show me where in The Constitution, or the Bill of Rights...."human beings" is used! I know the term is used, but not in the "legal" sense that you are discerning "human beings" as a replacement for "citizen".

Aw...you were on such a roll! No expounding of your position, just a statement! Reminds me of that certain IRS Director that made her statement of innocence, and only after making her statement of innocence, changed course and went with her 5th Amendment right against self incrimination.

I was going to simply ignore this post, as well as the punctuation mistakes contained within...but then I came upon this section. WHAM...couldn't let it slide!

Did you know that capitalizing words in the middle of a sentence is just as wrong as not using commas, semi-colons, and colons? Also, contained within this post are a few "run on sentences"...equally horrendous to partakers and users of good grammar!

Cute...unoriginal...but cute!

 

otter, your wasting your time..

 

Nope...any infraction of local, state, or federal law or ordinance.

But you better be right in your understanding of the infraction.

How do you think security guards can detain a "suspect"....they are not duly certified peace officers or officers of the court, they are merely citizens.

 

I'm having fun....especially when they push my "punctuation/grammar" button! Spelling button isn't that easily pushed...but it can go off on occasion!!!

Besides...I'm doing a 34 restart....that will actually take 48 hours and 10 minutes! I got plenty of time!!!!!

 

The button that cannot be missed.

 

After a crash yes police and or investigators should be able to look at your cell phone accounts and compare them to your logbook. It is afterall illegal to enter data to your cell phone or even reach for it so it stands to reason.

You've heard of that old saying "my life flashed before my eyes" ? Lawyers are using this even when the 4wheeler is at fault to sue the big rig drivers and companies claiming the 4wheeler driver is permanently mentally damaged from a collision. This is why more and more companies are using dash cams that are aimed right at the driver to see what you were doing at the time of the crash.

 

Too better understand some of the responses here this helped me...works well with stress also View attachment 51714