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Author
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Topic: POLICE ACCESSING YOUR CELL PHONE?
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Leonard
HMFIC
Member # 2
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posted April 30, 2011 12:30 PM
Okay, look. We have some members who are Law Enforcement, and they may be able to give us some background, but for doing that, we don't need to give them a ration of shit for their trouble. OK?
So, the latest thing in traffic stops is downloading all information on your cell phone with some hitech device.
I don't know why they would feel it necessary?
I certainly don't think it's legal, but maybe they innocently ask if they can look at it? I don't know?
I just feel that there is no way in hell, am I going to give permission for a cop to suck everything out of my phone.
What the hell is the reason they want it and how can they legally use my property without my permission?
What if they somehow have the authority to do this? How in the hell did that happen? Grrr
GH/LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31449 | From: Upland, CA | Registered: Jan 2003
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted April 30, 2011 01:07 PM
I, too, am curious. KS recently made it illegal to text while driving, but not to talk on your cell while driving. I saw a guy the other day as he turned into a Sonic Drive-In and he had his cell in his hand looking down at it. My first thought was, "Oops, busted." Then, I thought to myself, "What if I saw him just as he was answering an incoming call and he was merely looking at the screen to check the caller ID. As I thought about it more, I wondered if the police have the right to secure information on your phone to collaborate their claims that they saw you texting while driving, which would require that they get a copy of your text logs, including the date and time stamp to match the time you were stopped.
Then again, having said that, in some places, the Popo now have the option of downloading the hard drive of a laptop of netbook you might have in your possession when detained. Really wondering how this jibes with the Fourth Amendment? Will the courts regard a password protected laptop to demonstrate a
"reasonable attempt" to ensure privacy, requiring a warrant to access, much like a locked and secured container within a person's trunk?
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5438 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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TOM64
Knows what it's all about
Member # 561
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posted April 30, 2011 02:28 PM
Very intersting, if it's legal, you can probably thank Homeland security. Them and FEMA are the ones to watch.
I know a guy who got busted selling dope. The cops took his cell phone, sent text messages to most if not all on his contact list saying "got your stuff" A few sent messages back, "be right there" of course they were arrested for frequenting a known drug house or something like that.
All buyers went to drug court of course, no jail sentence but I've heard the judge and court system gets the proceeds for drug court. A money making racket on both sides if true.
Posts: 2283 | From: okieland | Registered: Feb 2005
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TA17Rem
Hello, I'm the legendary Tim Anderson, Field Marshall, Southern Minneesota Sector
Member # 794
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posted April 30, 2011 02:36 PM
If a person is in a accident a L.E. can ask them if they were on the phone at the time or ask to look at it or they will just contact the provider and get the phone records from them..
Somewhere out East a driver was in a accident and at the time he was talking to one of his bosses on the phone. The company lost millions on that deal.. The company I work for requires us to sign a piece of paper promissing not to use our phone dureing company time.. Best thing to do is if you have to use a cell phone is just pull over some-place.. Its getting to the point that use of a cell phone while driveing is almost as bad getting caught driveing drunk..
I think we also have a law on the books if a minor is caught driveing and talking on a cell phone he is done driveing till he reaches 18..
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5062 | From: S.D. | Registered: Jan 2006
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Leonard
HMFIC
Member # 2
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posted April 30, 2011 02:52 PM
Enlighten me. What the hell is DRUG COURT? I know the difference between a Justice Court, Municipal Court, Superior Court, Appellate and Supreme Court, state versions and Federal District Courts and the Supremes. I have even heard of Family Court, but never heard of Drug Court?
GH/LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31449 | From: Upland, CA | Registered: Jan 2003
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JD
HONORARY OKIE .... and Tim's at fault!
Member # 768
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posted April 30, 2011 04:28 PM
Patriot act.
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Jason
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What do Obama & TA17Rem have in common........both are clueless asshats!!!
Posts: 1456 | From: NE. | Registered: Dec 2005
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TOM64
Knows what it's all about
Member # 561
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posted April 30, 2011 05:02 PM
Leonard I don't know much about it but this is how it's supposed to work I guess.
http://en.wikipedia.org/wiki/Drug_court
I'm sure we ain't special but we've got to be close to the top in pot growers, meth labs and with I-35 coming right out of mexico we seem to have no shortage of dope and trouble.
Problem is drug court doesn't really put the fear of God in anyone and the problem ain't getting better. Of course it's the same everywhere you go.
If only I was King...
Posts: 2283 | From: okieland | Registered: Feb 2005
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4949shooter
SECOND PLACE HIGGINS (MAGNUM P.I.) LOOK A LIKE CONTEST
Member # 3530
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posted April 30, 2011 07:14 PM
This cell phone/computer case law is pretty new, and I believe it is still pending in many court jurisdictions.
But the bottom line is the 4th amendment prevails, and law enforcement would require a warrant to look through your phone or computer. Of course, the law officer can ask your permission to look through your phone. Or if he happens to see a text message on your phone in plain view, that is a different story. Edit: Let me add that this is how we teach it in NJ.
Perhaps this may change as new case law is established, but often times case law is specific to a certain set of circumstances.
[ April 30, 2011, 07:16 PM: Message edited by: 4949shooter ]
Posts: 2274 | From: New Jersey | Registered: Dec 2009
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Leonard
HMFIC
Member # 2
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posted April 30, 2011 08:08 PM
49, it seems pretty lame to me, that "text messages in plain sight" is excusable policy. At least on my phone, a text message is never "in plain sight" and a cop would have to use the device as would the owner, in order to bring up a text message.
I mean shit! Tomorrow are they going to be opening my friggin' mail?
This country is going to hell and I know who to blame.
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31449 | From: Upland, CA | Registered: Jan 2003
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TA17Rem
Hello, I'm the legendary Tim Anderson, Field Marshall, Southern Minneesota Sector
Member # 794
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posted April 30, 2011 08:19 PM
I know here in Mn. if and when they want access to youre cell phone is when you are in a traffic accident.. Here its not illegal to talk on a cell and drive as long as you don't have a wreck.. They maybe also logging this info for future laws that may need passing in the future or documentation for the lawyers incase there is a lawsuite..
[ April 30, 2011, 08:22 PM: Message edited by: TA17Rem ]
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5062 | From: S.D. | Registered: Jan 2006
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Paul Melching
Radical Operator Forum "You won't get past the front gate"
Member # 885
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posted May 31, 2011 08:39 AM
I can see the new bumper stckers now:
'You can have my phone when you take it from my cold dead hand.'
'Molon labe verizon'
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Those who value security over liberty soon will have neither !
Posts: 4188 | From: The forest ! north of the dez. | Registered: Jul 2006
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Leonard
HMFIC
Member # 2
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posted May 31, 2011 08:52 AM
Jack booted thugs has taken on new meaning. If this is the trend, I am starting to tilt toward anti-police from neutral police.
gh/lb
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31449 | From: Upland, CA | Registered: Jan 2003
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Dan Carey
unknown comic
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posted May 31, 2011 10:10 AM
LOL
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DEL GUE
SECOND PLACE: Mad Bomber lookalike contest
Member # 1526
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posted May 31, 2011 10:15 AM
Hmmm.
Mebbeso the next time I see our county Sheriff I'll address him as 'Herr Obergruppenfuehrer' and give him a piece of my mind about his goose-steppin' authoritarian jackbooted rights-violatin' thugs...
Hell, the next thing you know the cops are gonna want to start seizing and waterboarding all these damn carrier pidgeons that all the drug dealers use to arrange their deals and take orders from their users. Nobody has the right to take somebody's personal bird and examine it's little birdlegs for messages and ask it questions without a search warrant from a court and a consent to interview waiver from the poor innocent bird!!! I bet the bastards won't even read the pidgeons their Miranda rights first!!!!!
This country is goin' to hell...
[ May 31, 2011, 10:15 AM: Message edited by: DEL GUE ]
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"I never could find no tracks on a woman's heart." - Bear Claw
Posts: 588 | From: FL | Registered: Jul 2007
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Leonard
HMFIC
Member # 2
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posted May 31, 2011 10:20 AM
Accessing a cell phone is like examining Dan's, (the man) toy box, in the MASTER bedroom. Seems a frightful violation of his civil rights? Out Rageous.
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31449 | From: Upland, CA | Registered: Jan 2003
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Dan Carey
unknown comic
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posted May 31, 2011 10:23 AM
Damn it Leonard, you promised you wouldn't tell if I let you borrow them.
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Paul Melching
Radical Operator Forum "You won't get past the front gate"
Member # 885
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posted May 31, 2011 10:49 AM
soak em in a bleach solution for at least 8 min. before putting them away Dan!
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Those who value security over liberty soon will have neither !
Posts: 4188 | From: The forest ! north of the dez. | Registered: Jul 2006
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Ken
will be missed
Member # 3065
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posted May 31, 2011 11:08 AM
I have not heard much about this. It will be interesting to read more. No experience in playing with cell phones in the name of National Security.
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I am 5'10",an asshole 220% for sure. Former dirty deed doer for PM. Corrupt too! My name is Festus.
Posts: 281 | From: High Desert | Registered: Aug 2008
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TA17Rem
Hello, I'm the legendary Tim Anderson, Field Marshall, Southern Minneesota Sector
Member # 794
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posted May 31, 2011 11:23 AM
All they are doing is looking at youre call times on the cell and nothing more.. If its that big of a deal just leave the cell phone in the trunk....
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5062 | From: S.D. | Registered: Jan 2006
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Paul Melching
Radical Operator Forum "You won't get past the front gate"
Member # 885
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posted May 31, 2011 12:02 PM
How do you know that Tim?
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Those who value security over liberty soon will have neither !
Posts: 4188 | From: The forest ! north of the dez. | Registered: Jul 2006
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jimanaz
2nd Place RICHARD FARNSWORTH LOOK-A-LIKE CONTEST
Member # 3689
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posted May 31, 2011 12:08 PM
C'mon Paul, you already know the answer.
Posts: 940 | From: AZ | Registered: Oct 2010
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TA17Rem
Hello, I'm the legendary Tim Anderson, Field Marshall, Southern Minneesota Sector
Member # 794
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posted May 31, 2011 12:22 PM
Paul they do it all the time here. Anytime you are envolved in a accident especialy if you drive a 18 wheeler they will check to see if you where on the phone at the time of a accident..
Just a heads up but if anyone is in a wreck the only number that should be on youre phone in that time frame is 911, and not a call to youre wife or boss...
The L.E. dose'nt have to have youre phone in there possession to check call times, they just need youre number and provider, but does
make the check easier if they can just look at the phone..
In case you would end up missing they can also trace youre last call location and time and get a rough idea of where you where at at the time..
In my brothers case he did'nt make it home one night and my neighbor cop was able to check his call log and give us a idea of what tower he was close to when he made his last call which shrunk the search area considerably....
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5062 | From: S.D. | Registered: Jan 2006
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Jay Nistetter
Legalize Weed, Free the Dixie Chicks
Member # 140
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posted May 31, 2011 12:59 PM
Used to be that when I saw someone weaving in traffic I assumed they were drinking. Now my first reaction is that they are on a cell phone.
I wonder if my CB radio still works.
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Understanding the coyote is not as important as knowing where they are.
I usually let the fur prime up before I leave 'em lay.
Posts: 1006 | From: Arizona | Registered: Feb 2003
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CrossJ
SECOND PLACE: PAUL RYAN Look-a-like contest
Member # 884
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posted May 31, 2011 01:24 PM
If there has been an accident, then fine. Determining cause would be a reasonable reason. To download the info during a routine stop is another thing. So yea Tim, I do have a problem with it.
Maintain
P.S. There is a differance between consenting to do it and having the JBT's do so with out consent.
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A friend will help you move. A good friend will help you move a body.
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