Why so many accidents every week?

Yes its apples and oranges if you didn't read the post I was replying to. It make sense if yhou did. Go back and read the post before my response.

 

I read the whole thing, you should reply with a quote so people know what the heck youre talking about.

 

LEOs do this and worse.

http://vigilantcitizen.com/latestne...ch-drivers-cell-phones-durring-traffic-stops/

As the law stands NOW there is no ruling case (US Supreme Court) that sets a precedent for which to refer so whether it's legal or not at this time for LEOs to take and examine your phone, ONLY a court can decide if it constitutes illegal search and seizure. If a driver is observed breaking the law or a LEO believes he has probable cause (such as thinking he saw you on the phone, whether you were or not) he more than likely has the right to inspect it as once an officer believes a crime has been committed the perp's rights quickly diminish. For example, an officer can search your vehicle once a crime has been committed without your permission. If the crime was committed with the cell phone (let's say you're observed talking on it while you're driving) he more than likely can and will check that phone and nothing we say, no matter how loudly we object or protest, can make a difference on the spot. Here is an example ...
http://www.annenbergclassroom.org/s...thout-a-warrant&AspxAutoDetectCookieSupport=1

The degree of crime doesn't matter. The court, in this case, ruled the pertinent matter in this case was the sense of "urgency."

Here's a recent case (last year) where a court ruled that a LEO searching your cell phone is no different than searching a container you may have. In this case, no illegal search and seizure whatsoever (according to the ruling court).
http://consumerist.com/2012/03/01/what-can-cops-look-at-on-your-phone-without-a-warrant/

We can elect to have our day in court which may or may not serve as the case test to establish precedent for such a scenario in any given state.

If a LEO -asks- to check our phone we have every right to "just say 'no'."

 

I think your missing the point. If you have an accident with injuries in a truck, it doesn't matter if you give them the phone. They will check the records with the positioning towers. They know. If you refuse to assist, I doubt that would be helpful. We can't get lawyers like OJ.

 

Nope. He has to arrest you, impound your car, and then get a search warrant. He still has to get an OK from a judge.

 

So if you hurt someone in a truck, you don't think they can get the permissions they need to go through your scalp with a microscope? Do you also think that you won't be taking a drug test after such an accident?

 

Arizona V. Gant

An officer can search your car at the time of arrest if he has probable cause to believe there is evidence of the crime you have been arrested for, or evidence of another crime that the officer has probable cause to believe has occurred WITHOUT a warrant.

 

Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

Source: Wikipedia

 

Happens every single day. Every time an arrest is made during a road side stop, a search of the person and vehicle is done. Its called a search incident to arrest. Trust me, they aren't calling a judge for permission to do it. All of it falls under the whole "probable cause" umbrella. Why do you think its legal practice for a K9 to "trigger" and then the deputies tear your car apart on the side of the road?

 

Another thing I think everybody is forgetting here is that commercial vehicles fall under a complete different roof than personal vehicles. The US government has authority through the Commerce Clause to regulate commercial traffic within its borders, as do the individual states within their borders. Over time the interpretations of that have widened to the point that we have the amount of regulation we do within this industry. If you are stopped by LE while engaged in commercial transport, they are WELL within their authority to search your truck. I hear truck stop lawyers tell me all the time that the DOT can't climb into your cab, or if your curtains are closed then he can't look, etc. Its wrong. Check your green books. Inspectable items include the driver/passenger securement devices (seatbelts and bed safety net), your seat anchors, and YES even the bed is an inspectable item. DOT does not need your permission to conduct a vehicle inspection so you gonna tell me how an officer can check those things from inside the scalehouse or his cruiser? Think about it folks.