Handing over a Cell phone to LE ?

They first have to arrest you to even think of looking unless you allow them to search. If you've password protectected your phone and it's locked they have to have a warrant. Just stopping you and wanting to look isn't a option.

 

Anyone ever hear of the 4th amendment? Guess what IT DOES NOT APPLY to a commercial driver in a CMV.

If a police officer shows up to your home and wants to come in without a warrant you can say no. If that same cop wants to search your CMV sitting in the driveway, you have NO CHOICE in the matter. They need NO WARRANT for your phone either.

States have different laws regarding cell phone seizure ( yes they have seized it when they are looking at it ) but those laws only apply to places not under FEDERAL jurisdiction. Your truck is considered FEDERAL jurisdiction.

They can not compel you to self incriminate (5th amendment) by giving them a password normally but if a possible crime happened (you were involved in an accident and are suspected of texting, thats a misdemeanor ) you would be interfering with an investigation and they will get a warrant anyway.

 

I think what some of you are missing is the very, very, crucial words... incident to arrest. That 7th Circuit decision is based on police being able to conduct searches that are incident to arrest. That means that you must have been arrested. It does not give LEO the right to just take your personal phone and search it if you are not under arrest/charged with a crime. I know these types of laws, as I had to deal with them daily for decades as a LEO.

Now I'll take this one step further. Searches conducted incident to an arrest are limited in scope to what the person was arrested for. This has been ran through the appellate courts too. If you've been arrested for driving with a suspended license, the LEO can only search for evidence, fruits and instrumentalities of the crime of driving while suspended. The example used in the early post, where the 7th Circuit Court of Appeals cited that the police could search, was based on a drug arrest.

You see with laws, case and legislative, you can not just take any decision, opinion, or ruling and apply it to everything that seems similar. You must carefully read them, and apply them only where they are intended.

 

I like how many people keep using the term "the police have rights". The police do not have any rights. Citizens have rights. The police have "authority" given to them by elected officials. Unfortunately, police and elected officials do not understand that. And they no longer understand that all their authority comes from the citizenry. They work for us. And since they work for me, I, within my rights as best I know them, will not cooperate with them or give away my rights by cooperating too much with them. If they need a warrant, they will have to get one. If they ask to search my vehicle, I will say no. Pure and simple. Although in practice, it may not be that easy.

 

I keep my medical info on my phone in case of an emergency. If they force me to let them snoop, technically they are violating my ERISA rights.

But the password lock is the way to go. It takes a second to turn one off and hand it to them. There you go, have at it!

I even been to plants that want your cell phone and lighters. I keep spare dummies just for that. I'd probably give that old phone with dead batteries to the leo. I guess it needs charged, lol.

 

And they can pull the drive and hook it up to one of their machines if they are determined. They have this idea that all rights are suspended in their little TSA security zones. I don't want to be involved in it that at all, so I don't fly. What's worrying is this VIPER program they have going where they set up at weigh stations, train stations, and they want to set up checkpoints on the streets.

 

Don't stress about it kajidono! We've already given away what was left of the Constitution. It's only a matter of time until the transition to a totalitarian police state is complete. There's this Viper nonsense, the TSA nonsense, the very mis-named Patriot Act - and the President with no oversight can now assasinate anyone he chooses including American citizens.

And the worst part? A good majority of Americans don't really care one way or the other.

 

People remember you have rights. The cops are not God. Stand up for yourself stop being sheep. They get by with walking over top of the people they are sworn to serve and protect because those people are timid and think that the person carding a gun and badge have all this imaginary power. Most of thier power comes from people that turn to spineless jellyfish when confronted by an Leo. They go to school to learn the laws they up hold better. They are sworn in as are the military. They have more boundrys than most people think they do. Stand up for yourself. They bluff alot they know or think they know. The average person won't stand up to them. Joe schmo has nothing to hide so he allows mr. Leo to trample his rights to prove he is not hiding anything.

 

Thats pretty smart thinking on the Med. Info. I know now you have to stand back like a mile at wally world pharmacy due to HIPPA.
It amazes me everytime I'm at a scalehouse there always seems to be some driver that thinks slobering all pover the police
helps. My motto for them is "Molon Labe".

 

One last note Folks- if a Law Enforcement Officer, a Peace Officer or a Federal Agent (that pretty much covers any public official you will deal with as a Professional Driver) asks you for the keys to your truck, you've just relinquished complete control of it and it's contents. The circumstances don't matter- it most often will happen during a DOT inspection. When you hand the keys away, you've just consented to every kind of search there is without knowing it. I have refused to give my keys to truck inspectors during inspections. I explained that I understand "lockout-tagout" procedures- but never give control of my equipment to any other person. Only once did anyone really complain- I was told to give the keys to a third person (not the inspector) and I refused again. Slick way to do a cab search, and I do NOT consent to cab searches. I know someday my luck will run out- but thankfully, I am just a plain blue collar worker with no contraband to hide. The issue is a simple one, exercising my rights respectfully and for that reason only.

So similarly, if you hand a phone to one of the officials mentioned above (just about anyone that works for any Government agency), you just gave him permission to use it. Use it they will. To find any way to use all the info in it to charge you with every offense or crime they are able to.

Just like not handing over your vehicles' keys, refuse to let them look at your phone. Or to look at the pics in it, or for any other purpose- their actual intent is to extract the info in it and send it where it will be scrutinized in detail.

And here's something that I read just a couple of days ago- the microphone in your phone can be remotely activated without your knowledge and used as a surveillance device. Don't you think it might be a lot easier to do that once you've downloaded all the info in it to a system like this?

None of these things will happen if you just say "NO" and stand up for yourself. If any agency really wants it bad enough they will get a writ issued and take it from you. Until they actually rip it out of your truck and tag it as evidence over your objections, it's your phone and you can deny access to it.

In a fatality, criminal investigation or "exigent circumstances" things will be different- expect all sorts of personal items to be taken or ransacked for evidence- a laptop, phone, medications, maybe even some or all of your laundry or clothing, tools.. or the cash out of your wallet. But, if this is happening you're in deep poo-poo and we don't know you.

Until then, "Just say NO" and don't give in.