Get Pulled Over-Get Your Phones Content Checked!!!! NO WARRANT

reply to post by AllUrChips

Your right and im sorry I just happen to be VERY PASSIONATE about this story and just feel this is unacceptable with no WARRANT. Where will it end if you just let them get away with a little more here and there? Again, sorry to take it out on ya

No problem, I understand. I actually agree that police should have a warrant to look through a phone. Where will it end is a good question. I think sometimes it is a very good idea to have police look through the phone, but a warrant is easily obtained and if it can't be procured then tough.

errr...can't you just say "no"?

i don't care what cop asks to search my phone, without probable cause AND a search warrant detailing what they expect to find, they're not searching anything. simple as that.

if they arrest you and search your phone, get a good lawyer and sue for false arrest and rights violations.

Originally posted by Ghost375
Don't they already know your contacts and read your texts anyways?
I mean facebook already uploads all of your contacts...someone is probably looking at that information.

And we all know the patriot act lets them read your texts.

Don't get me wrong, I don't support any of this and am greatly opposed to it. But you should've been angry a long time ago...you're late to the game.

Am I? Your right I am JUST now learning of that I was pointing out this story that YOU have not read as it just happened to be written, your better than me how?

Originally posted by ISO_TRUTH
MD just passed a similar law like this that they can now pull you over for mere suspicion of texting and driving. My question is, how would they be able to access your phone if it has a password/droid puzzle unlock scheme?? And how would that pan out if I threw it in the glovebox before the officer comes to the window??

They should pull everyone over for talking and texting. All these self-absorbed idiots, who can't go two minutes without texting/talking with a friend, completely screw up the flow of traffic for everyone else, and makes the roadways far more hazardous.

There are horrible drivers all over this country, USA, who should be pulled over far more frequently, Do I agree with a cop going through phone contacts? No, unless a crime was committed. If there is a legit reason for searching a car, meaning the driver had committed a crime, then I see no issue with searching everything in the car. If no crime is committed, then I don't agree in any way with searching through a phone.

People prove everyday they're too stupid to drive while having access to a cell phone. I'm a big time proponent of pulling over all the terrible drivers clogging our roadways with their obliviousness. Given most in the US don't understand something as simply as "slower traffic keep right", there is no place for cell phone communication in the car as a driver. Most people I see holding up traffic, are on their phones, or texting. Pull them the hell over!

reply to post by mileslong54

Marijuanna is less addictive than caffine and nicotine, so you could make the statement "15k in cash, cigarettes, Dr. Pepper's and a cache of guns does not indicate a normal gun owner with an innocent drug habit." What indicates normal gun owner's? Starbucks and Skittles with a cache of guns?

Caffeine and nicotine are legal substances. I am all for the decriminalization of marijuana, I don't think it's dangerous. That's not the point.

reply to post by AllUrChips


Hmm.. That's nasty.
I know there are device that extract the data from cell phones.
Like this one.

MY advice would be to lock your phone and refuse to give the password and do not store questionable contacts, pictures or texts on your phone. Ultimately if I get pulled over I will force the police to either get a warrant, arrest me and face me in court and prove that I broke a law. Do not give up your phone or any other personal information freely. Force the issue and make them work for it.

If you read the article is says that the man is Already dead, and this was done to establish legal precedent, so get ready for this to start happening at more stops, all with out warrant (as with this case it was procured after the fact) and with out cause.

It's a no brainer really.
Anything you say,
text,
email,
photograph
do,
or anywhere
you go
or contact
on a cellphone.
Is NOT private.
Ever.

Simple.

... You guys could do what I do and have your phone lock itself every five seconds.
Also have a different password for powering on. Pretty funny to have them ask me to turn it on for them, then watch the look on their faces when it locks on them mid search. Just a suggestion

whenever you get pulled over pull out your batterie or your sim card and everythang will be fine. or dont put anything illegal over text or whatever and you should be fine.

First they bring technology then they sell to the eager consumer that will die or starve to get their hand on it, then they make the people Dependant on the technology to now used it against you, but them again who is to blame here for the invasion of privacy, the consumer, only you have allowed this to happen.

Originally posted by beezzer
reply to post by AllUrChips

 

Easy. Under "contacts" put down your state representative, chief of police, mayor, governor, the state AG, and watch the cops. . . . pucker!

Seriously? The term "warrentless search" comes to mind.

I'm going to put police, state and federal #'s in my contacts, thank you for the heads up.

Originally posted by MysticPearl

Originally posted by ISO_TRUTH
MD just passed a similar law like this that they can now pull you over for mere suspicion of texting and driving. My question is, how would they be able to access your phone if it has a password/droid puzzle unlock scheme?? And how would that pan out if I threw it in the glovebox before the officer comes to the window??

They should pull everyone over for talking and texting. All these self-absorbed idiots, who can't go two minutes without texting/talking with a friend, completely screw up the flow of traffic for everyone else, and makes the roadways far more hazardous.


There are horrible drivers all over this country, USA, who should be pulled over far more frequently, Do I agree with a cop going through phone contacts? No, unless a crime was committed. If there is a legit reason for searching a car, meaning the driver had committed a crime, then I see no issue with searching everything in the car. If no crime is committed, then I don't agree in any way with searching through a phone.

People prove everyday they're too stupid to drive while having access to a cell phone. I'm a big time proponent of pulling over all the terrible drivers clogging our roadways with their obliviousness. Given most in the US don't understand something as simply as "slower traffic keep right", there is no place for cell phone communication in the car as a driver. Most people I see holding up traffic, are on their phones, or texting. Pull them the hell over!

In my 13 years of driving a vehicle, the only time I've ever been in a car wreck was because some moron was talking on his cell phone and not watching for traffic. Several weeks later the same guy, in the same car was talking on his cell phone and almost hit me again!!! So I'm with ya all the way.
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Here's a simple fix.
Go to your hardware store and purchase a roll of copper screen. Empty out your glove box or center console and place your screen inside until you have covered all surfaces with no gaps, and make a lid that can be opened and closed. If you want you can add some felt or satin cloth to cover the screen and to make sure your stuff does not get scratched. If you get pulled over, quickly place your phone inside and lock the dash or console. Now they can't scan you because your phone is in a Faraday Cage.

Originally posted by Domo1
reply to post by AllUrChips

 

Uh, it sounds like they did a little more than remove some stoner gun owners. 15k in cash, marijuana and a cache of guns does not indicate a normal gun owner with an innocent drug habit.

Well, than this happened,

This decision was released solely to create a precedent for future cases, as Nattoli died on September 4th. So the most important outcome of the case is the appellate court’s decision, written by Franklin Elia, which read in part:

“The deputies had unqualified authority under Gant to search the passenger compartment of the vehicle and any container found therein, including Reid’s cell phone. It is up to the US Supreme Court to impose any greater limits on officers’ authority to search incident to arrest.”

From the looks of it Nattoli was growing and selling marijuana, which in California, who isn't? I wonder if he was an MMJ patient or just a regular street dealer. The gun that was found in his vehicle was totally legal, his major mistake was not keeping it in the trunk. Now when SWAT raided his house they found a cache of weapons, but they fail to say what these weapons were and if they were illegal.

Here's Reid Nottoli


www.leagle.com...

On December 24, 2010, a seven-count complaint was filed against Reid in Santa Cruz County Superior Court case number F18672. It alleged that Reid had committed various drug and weapons offenses on or about December 16, 2009: possession of marijuana for sale (Health & Saf. Code, § 11359) (count one); cultivation of marijuana (Health & Saf. Code, § 11358) (count two); possession of a deadly weapon (§ 12020, subd. (a)(1)) (count three); possession of a controlled substance, specifically "Oxycontin and Morphin Sulfate" (Health & Saf. Code, § 11350, subd. (a)) (count four); possession of an assault weapon (§ 12280, subd. (b)) (count five); possession of a blowgun (§ 12582) (count six); and possession of a destructive device, specifically eight incendiary projectiles (§ 12303) (count seven).

www.santacruzsentinel.com...

Reid Nottoli, 26, died Sunday night in a home in the Larkin Valley area, according to Santa Cruz County Coroner's Deputy Naomi Silva. Silva would not comment on the cause of death, pending an autopsy that will likely be performed later this week. If a toxicology screening is needed, that could take up to six weeks.

Seems like the thing to do is have a cheap prepaid cell phone you can forward you number to and use that while you drive. Don't keep anything on that phone and if they take it or smash it so what just get another one. I don't trust the police that they are just looking for some connection to drugs or weapons. They are fishing for anything that can be used to generate revenue. I don't know what that could possibly be but I wouldn't put it past them to make something up and say it was on your cell phone. Same way as they throw a bag of chalk into a car and say it's drugs so they can confiscate the vehicle. The bottom line is that are rights are gone, they aren't coming back if we just ask nicely. The police are out of control, they can do whatever they want so if they are going to treat everyone like a criminal people have to start thinking like one to stay ahead of them.

Hows about throwing it out the window before pulling over?
Its not an illegal substance....a broken phone shouldnt get you busted.
The privacy of the individual has long been compromised.
Take yer corless house phones set....its very listenable on scanners and outside yer home!
You need nothing but a scanner and you can listen into all kinds of conversations...
I even had a wireless headphone set which when turned to a certain frequency would perfectly pick up my next door neighbours phone conversations!needless to say i had to tell him his phone was insecure....
there is NO privacy left.
Warrentless searches are probably acceptable under many diffeent laws.
Fish and wildlife, etc...its available to all LEOs....they need only quote the act that they wish....

sure, there are ways to get around this by hiding your phone or breaking it, etc. my point is WE SHOULDN'T BE SUBJECT TO THIS AT ALL!

it's illegal and wrong. it violates your rights to privacy, unlawful searches, and seizure of property. you can put up with it and deal with it, or you can say "go F*** yourself".

Originally posted by Bob Sholtz
sure, there are ways to get around this by hiding your phone or breaking it, etc. my point is WE SHOULDN'T BE SUBJECT TO THIS AT ALL!

it's illegal and wrong. it violates your rights to privacy, unlawful searches, and seizure of property. you can put up with it and deal with it, or you can say "go F*** yourself".

I'm glad you said that because figuring out ways around this, like not having anything personal or confidential on your phone is the wrong attitude towards this. If the police want to search your phone they should have to have a warrant. I wonder, if I had a laptop or iPad would they be able to search those as well? This all stared because the cop had to "search" the car for "inventory" matters when he refused to allow the car to be left on the side of the road and demanded it be impounded. Where does it begin and end? The man's license was expired and that's why the sheriff demanded the car be impounded. The car could have been easily picked up by a friend or family member, one who had a license. I've been pulled over with a suspended license and that's exactly what I had to do. The cop drove me to the nearest pay phone while my car remained parked on the highway (before cell phones were so easily affordable. Beepers were the hot setup in those days ).

reply to post by AllUrChips


I can see we have several misconceptions about this issue.

First, if you are arrested, a police officer has the right to search you incident to that arrest. Once arrested, you no longer have any expectation of privacy to anything you are carrying on your person. This includes an unsecured cell phone. If you are arrested and carrying a cell phone, a police officer has every right (currently) to go through your cell phone. The phone and all of its contents are subject to the search incident to the arrest.

Second, search incident to arrest used to extend to the contents of a vehicle as well. Formerly, if you were arrested for anything whatsoever and were operating or riding in a vehicle, it could be searched. Now, due to the Gant ruling, there has to be reasonable suspicion that the vehicle is carrying evidence of the crime for which you were arrested. Meaning, if you are arrested for driving on a suspended license, the officer cannot rifle through the vehicle looking for marijuana. BUT, if you are arrested for robbery or burglary, it is reasonable for an officer to believe there is possibly evidence of robbery or burglary, i.e. stolen property, burglar tools or a handgun, contained in the vehicle so a search is acceptable.

An exclusion to this is an inventory search when the vehicle is being towed. An inventory search is conducted to ensure there are no dangerous items or expensive property contained in the vehicle because a tow truck driver is going to have access to it. This is to prevent theft by the tow operator, a person claiming their $30,000 ring was under the seat and is now missing or access to a handgun by the tow operator An inventory search may be conducted for these reasons and if any contraband is located, it is admissable.

When it comes to cell phones, the police CANNOT and WILL NOT search your cell phone simply because they pulled you over for speeding. It will not happen. If there is more to the story, just like in the article, then yes the police may gain access to your phone but not during a routine traffic stop.

Most police departments have the cell phone dumping equipment. These are NEVER used on a routine traffic stop. They are mostly used when a search warrant has been obtained and the police are dumping all of the info on the phone into the equipment because it has some evidenciary value. The cell phone dumping equipment can bypass security on the phone.

This leads to another issue. If the cell phone is password protected, technically you have created a reasonable expectation of privacy on the phone. So, unless the officer has probable cause or a search warrant, they cannot access the phone.

Moral of the story? Stop being paranoid. Second moral to the story? Put a password on your phone.

Everything done in the article was completely legal. The fear that police officers are going to be demanding cell phones and looking through them on routine traffic stops is completely off base and from a misconception.