Handing over a Cell phone to LE ?

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

  1. milskired

    milskired Road Train Member

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    Yeah kinda crazy what technology is capable of now a days
     
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  3. georgeandson

    georgeandson Heavy Load Member

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    I wonder if I get rid of my smart ph and get a basic old school flip ph for calls and USE a lap top for emails and everything else.
    Can they search that also?
     
  4. Brickman

    Brickman Trucker Forum STAFF Staff Member

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  5. lonewolf4ad

    lonewolf4ad Road Train Member

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    As of now I don't think they can George. Obviously they can still get data off the regular phone, but it will be ALOT more limited. Currently your laptop should have a little higher protection ( I believe) as it shoud not be available for use while driving.

    We'll see how this plays out as it reaches the supreme court, because that is where a much wider precedent will be set.
     
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  6. georgeandson

    georgeandson Heavy Load Member

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  7. georgeandson

    georgeandson Heavy Load Member

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    on a side not we should have a section with FACTS AND LAWS. Something no one can post on unless they have evidence and facts to back the info up with.
     
  8. lonewolf4ad

    lonewolf4ad Road Train Member

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    Also, remember not ALL states are granting their Law Enforcement the ability to actively search your phone without a warrant during a routine traffic stop. California is the only 1 I can currently find that allows it WITHOUT an arrest.

    When we allowed our representatives to pass the patriot act, without reprisal (aka voting them out) we signed all of our freedoms over. All it takes is a little tweaking and fancy talk to fit ANYTHING in that a jurisdiction wants to take. Don't believe me, before 9-11 we would have been up in arms about events like this, wire taps, TSA traffic stops, the level of scrutiny at airports, and so many other infringements of our liberties. Now however, the most we get out of people is a little riled up over our morning coffee while posting on a forum.

    Americans have lost their balls, and our forefathers are rolling in their graves over what they fought to create.
     
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  9. lonewolf4ad

    lonewolf4ad Road Train Member

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    I agree George, it's why I took the time to look for what I posted, instead of just what I caught a little of on the radio. It is also why I interject notes such as " I believe" or " I think" because at the moment I haven't found anything either way which creates a real precedent.
     
  10. SilverShadow

    SilverShadow Light Load Member

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    the real point should be;
    no state authorizes their officers to look at anything without you being stopped for
    some other valid stop first ie: speeding, reckless driving etc.
     
  11. lonewolf4ad

    lonewolf4ad Road Train Member

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    Shadow, if an officer WANTS to pull you over they can. End of story.

    probable cause for a routine traffic stop does not need to be anything major. It can be anything that gives the officer reason to believe a crime has been or or may be about to be committed. Also, some states do allow for RANDOM traffic stops as long as it is not random weighted (ex: it is legal to pull over every 8th car for a random search, but not every 8th white car). On top of this being in a CMV the probable cause is diminished even further by DOT. We can be pulled over at will to check log book, weight, inspection, a short in a light, etc....
     
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