Handing over a Cell phone to LE ?

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

  1. envayne

    envayne Light Load Member

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    You can password protect the BIOS............
     
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  3. rollin coal

    rollin coal Road Train Member

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    Like kajidono says, a password will not keep your info from being accessed. Your only choice is to politely refuse and there's nothing LEO can do.
     
  4. envayne

    envayne Light Load Member

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    Gresham, OR
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    Do the officers have the right to do that type of search of an individuals phone? With out doing any online searches "it would seem" the only situation were that would seem legal is if the driver caused an accident or some type of crime.
     
  5. envayne

    envayne Light Load Member

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    Yeah that would seem to be the equivalent of an Officer asking you if they can search your vehicle.....say "NO"...
     
  6. MNdriver

    MNdriver Road Train Member

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    actually, a warrantless search IS legal according to the 7th Circuit Court of appeals and other federal appeals courts.

    http://www.cbsnews.com/8301-205_162-57388907/court-warrantless-cell-phone-searches-legal/


    And no, I am NOT agreeing with it. Just sharing what is in the news and CASE LAW which is as binding if not more than an actual law on the books.
     
  7. envayne

    envayne Light Load Member

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    May 20, 2012
    Gresham, OR
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    But thats for a crime to search whole phone?

    other than that can only search for the cell phones number?
     
  8. MNdriver

    MNdriver Road Train Member

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    It's precedence for LEO to snope in your phone. And don't think they won't do it.



    Towards the end in the document for the decision.


    It's CRITICAL that you understand WHAT that paragraph is saying too.....


    They can try and flip through your phone and figure things out.

    BUT, they CANNOT forensically tear your phone apart to see what it is you have done.

    So if you put a quick lock on the phone, they cannot coerce you into unlocking it or use something to forensically get into the data on the phone.
     
  9. envayne

    envayne Light Load Member

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    Gresham, OR
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    cops need warrant for gps tracking..........so that issue is settled.
     
  10. envayne

    envayne Light Load Member

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    they can do whatever they want, but its what they can use in court is the issue. If all they can do is find the number, with no crime committed except for a minor traffic infraction, then in court officer cant use anything within the phone for the case?
     
  11. pop-a-top

    pop-a-top Bobtail Member

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    normally the cops are the only ones there with the guns and hand cuffs, so in my short 66 years, i have found they can do what ever they want. personaly knew a preacher that went to his church to tell the ones that did show up that chwrch was cancelled. his son wanted to play in the snow, so they were on a large vacant parking lot sliding around in the snow in the pick up truck. stste trooper wrote him for reckless driving. preacher went to the judge to see about getting the amount of the fine reduced. judge says he has to be on street or alley way to be charged with reckless driving. trooper turns around and charges him with reckless endangerment of a minor. lets create more of these fine laws to get all thes villians and outlaw drivers out of sosecity.
     
    scottied67 Thanks this.
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