Handing over a Cell phone to LE ?

In terry vs ohio the frisk search is in response to officer safety not evidence even if illegal contraband is found a officer must still articulate reasonable suspicion which led to the frisk. And i don't think any officer can say they have reasonable suspicion that a cell phone warranted a search of it's contents for safety.

 

And a correction to my earlier post a officer only need reasonable suspicion to stop a vehicle not probable cause.

 

Assuming that the vehicle isn't already parked, like in Injun's case.

 

OK, why don’t we keep this based on what is applicable to CMV vs. being stopped in your personal vehicle. Because there is a big difference.

An ex-Federal Judge that now does truck accident mediation explained it best when describing the differences between suspicion and PC with drivers of CMV vs. Personal Vehicles.

Example: You are stopped and your eyes are puffy and blood shot. The officer does not observe anything else that would let him believe that you are under the influence of any substance. And your speech or other actions do not lead him to believe that a field sobriety check would prove any different.

If this stop was in a personal motor vehicle this would not be probable cause.

If this was in a CMV it “could” be probable cause and would likely need to link it with some other safety issue found during a standard inspection.
http://www.trucklegaljdg.com/887sff.html

 

well i will say i wont give permission to have or search if they do and they're right the judge will tell me and if i'm right and they're wrong then that will come out also. Bottom line is if they want it bad enough they will find a way.

 

Bottom line is years ago it was determined that during a random DOT inspection an officer does not even need reasonable suspicion to ask to view a qualcom to see if messages have been sent while driving. And at the time, the specific act of sending "text" messages while driving was not even listed as an illegal activity. They would ticket based on safe driving practices.

So how is demanding a cell phone to see if you have been texting any different than demanding to view a qualcom? Who owns it is not relevant.

 

Ain't that the truth.

 

Wow some of you really need to keep better track of current events.

http://www.theblaze.com/stories/calif-appeals-court-approves-cell-phone-searches-during-traffic-stops/

 

Ain't that the truth.