Warrantless Cell Phone Searches

Discussion in 'Trucking Industry Regulations' started by Nexwinner, Aug 20, 2013.

  1. 900,000-tons-of-steel

    900,000-tons-of-steel Road Train Member

    1,511
    896
    Aug 17, 2012
    Florida
    0
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

    28,518
    45,574
    Jul 23, 2007
    Midwest
    0
    Lets keep this on track so it doesn't have to be moved into politics. Thanks!
     
    Nexwinner Thanks this.
  4. Cat sdp

    Cat sdp . .

    21,201
    75,266
    Apr 8, 2012
    Orion's Belt
    0
    All they have to do is contact the phone carriers and in no time they'll have everything you ever did with that phone. And the phone companies will sell you out in a heartbeat, warrant or not........ The new reality !
     
  5. Nexwinner

    Nexwinner Light Load Member

    147
    134
    Jan 21, 2013
    Greenville, WV
    0
    I firmly agree that is what passwords are for and yes, the 5th amendment could than be invoked but that is not my point. The freedoms that we used to have are dwindling away and I shouldn't have to invoke the 5th because my 4th was violated. As for what this could mean to us as drivers, it could mean many things and I don't see any good coming from it. I mean we are all essentially being told when to drive, when to sleep and we have to cover our butts in so many ways but this post and my concern was regarding what other posters had asked; could DOT make us give them our phones. If it goes through than yes we would have to give it and even though we don't have anything to hide persay, it could have a negative impact on the driver in ways we can't imagine. This is hypothetical but just imagine you are involved in an accident and its not your fault but they arrest you and confiscate your phone. On the phone they see that a phone call was placed near to the accident but maybe you were on your bluetooth and they feel that you were distracted and now have evidence to use against you. That very evidence was obtained without the need for a warrant and without your attorney fighting for your 4th and 5th amendments, so yeah it could cause problems. Also, what if under further investigation, your phone GPS puts you out of locations on your logs by 15 minutes or whatever and they get you for log violations. There are many what ifs and yes, it is purely speculative at this point but we have so much to deal with and this would just be one more thing to add to the issues. Btw, it is not being paranoid as someone else posted it is me saying that we have rights and they keep getting trampled on. I mean what are they going to tell us we can do or not do next? I also agree with the admin, this should not be about politics but rather a concern among professionals and to how it relates to us.
     
    bullhaulerswife Thanks this.
  6. Zeddlar

    Zeddlar Light Load Member

    81
    24
    Aug 1, 2013
    Jay, Ok
    0
    Well technically they can get the phone company to bypass any personal lock you have on the phone with just a phone call but unless this legislation passes then I am sure the phone company would request a warrant to do this for them. As for me, I would just hand it over because it would just bore them to tears anyhow, LOL. It is a sad day we are coming to though.
     
    Nexwinner Thanks this.
  7. Nexwinner

    Nexwinner Light Load Member

    147
    134
    Jan 21, 2013
    Greenville, WV
    0
    I guess the only thing we can do is be even more vigilant on what we are doing, when we are doing it and how we operate in every given moment so as not to have to be put into a predicament that is disadvantageous for each and every one of us.
     
  8. Zeddlar

    Zeddlar Light Load Member

    81
    24
    Aug 1, 2013
    Jay, Ok
    0
    Yup, you are correct. Your last post above does raise some interesting what-ifs and made me think twice about just handing over my phone. As it is now, I always try to pull off to talk or text but with the bigger truck I am not going to be able to do this like I did in a straight truck and will be using Bluetooth instead so this does raise some interesting issues in that regard.
     
    bullhaulerswife Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.