Handing over a Cell phone to LE ?

Yes the cell can be searched in case of an accident or if LE sees you visually talking on the cell he will then check the last phone call for proof to court and give you a ticket.

 

No warrant? No cell-phone! Period.

 

I know what your saying.

The law for a phone should be know different than a search of anything else.

 

In order for the police to seize anything they need one of two things Consent which when a officer asks and you say yes or give it to him he has, or a warrant which he must obtain before he can take it from you. I am Prior LEO and can assure you they have no law which says they can take it without a warrant compliments of the 4th amendment.

 

There are bad LEO just as there are bad drivers. Intimidation is a tactic that bad ones use to get people that don't know their rights to do things they they don't have to.

 

If they ask and a driver gives it to them it's legal however you are not obligated to give it to them like you are your cdl. The 4th amendment protects us from unreasonable search and seizures. but it doesn't say that they can't ask. i had a judge tell a defendant that i had arrested that just because i asked to search he did not have to give me permission to search him. the defendant then told the judge he didn't know that was the law and the judge said ignorance of the law is not an excuse.

 

AS in anytime I am having a discussion with leo I just respectfully decline anything more than necessary. Drivers license registration and insurance in the truck add the appropriate paperwork. It has always worked for me and I have zero tickets. even have had roadside inspections and walked away with no problem. I try to remember its not what you say, but how you say it !