Handing over a Cell phone to LE ?

sorry that happened more than 10 years ago...........

never admit guilt to anything like saying you knew you were 5 over the speed limit .....always know your rights and inform leo that you do not consent to a search ...... always be polite.......if asked to get out of the truck , get out and close and lock the door behind you....if he asks why just say you do not consent to any searches of your vehicle or your persons even if threatened by leo ....more than likely he will move on knowing you actually know your rights
[ame]http://www.youtube.com/watch?v=eDJrQBwJpqk&feature=colike[/ame]
[ame]http://www.youtube.com/watch?v=2I_Btei6vKs&feature=colike[/ame]
[ame]http://www.youtube.com/watch?v=6wXkI4t7nuc&feature=colike[/ame]


once you agree to give them anything you are giving up your rights ......and they are trained to know how to get you to give up your rights

......

 

Can I see yer phone and yer log book? In some states talkin on the phone while drivin is illegal. Cali for one.

 

[ame]http://www.youtube.com/watch?v=FCZB-k4jKBc&feature=colike[/ame]

 

Since when is it illegal to talk on the phone in California?

 

From a legal standpoint they are only allowed to search it with either probable cause or a warrant. To get a warrant the need probable cause as well, however keep in mind that telling them you do not have one and them finding out you do is enough for a warrant. In some judges minds refusing to allow them to search is enough for a warrant. However what most people don't know is that in most states a warrant has to state EXACTLY what they are looking for and where and if the "find" something else it can be thrown out of court. There are plain site laws as well that state if something is in plain site they do not need a warrant to use it as evidence so if you phone is on the dash it can be evidence but they would need a warrant for anything in it. The problem with this country is, when it comes right down to it if they want to get you bad enough they will. I have personally seen a neighbor of mine get smart with some cops and say they couldn't search his house (he did have a pot plant), so they detained him on his front porch while they called in to have another officer deliver a warrant. The warrant was for the bedroom where they found a single joint, allowing them to call the whole house a crime scene opening the rest up for search. While this is very unethical police work in my opinion it was technically legal. When it comes right down to it if you are doing something illegal and get caught just accept that you got caught.

 

another urban legend.
No, it's not illegal to use a cell phone in California as long as it's hands free.
As in many other states, and more joining the ranks often, you may not use a hand held cell phone while driving.
You MAY use a hands free cell phone while driving.
I sometimes wonder if people come up with these stories because they hate Cali so much or is it just plain ignorance.

 

I already knew that. Trying to get them to see the light.

 

I was hoping to find a way to protect myself (with proof of compliance) against a bogus ticket. But it doesn't look like I can.

My call log shows who called who, when the call was placed, how long we talked. But it does NOT show I was using bluetooth. --bummer. Seems like they could easily put the little bluetooth symbol on the call log.

I knew it would be a long shot, but I called verizon to see if THEY could tell if it was a bluetooth call our not. Of course, they can't.

I'm not TOO worried about a bogus ticket, but it sucks that there will be a paper trail that I DID make the call, but I'll have no way to prove I was complying with the hands-free law.

If there was a way to prove I was making hands-free calls I might just be inclined to show the phone in hopes of getting out of a ticket.

I go over the search request scenario in my mind often. Know how you are going to politely decline the search before they ask. They are trained and have practice in convincing people to let them search. You have to "train" in how you are going to respectfully decline.

 

If you are that worried, it only takes a second to delete the entire call history.

 

Hey Scott,

Take a picture of your headset with your phone's camera. Have it sitting on a copy of today's paper. I know your camera will date and time the picture too. Proves you had the hands free equipment. Tell the judge you wear it in your right ear to get it away from the road noise coming through the door. Cop just didn't see it.