posted May 31, 2011 02:05 PM                   

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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.

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posted May 31, 2011 02:11 PM                  

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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 c

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posted May 31, 2011 02:31 PM                   

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The gov't can do much more than that with your cell phone Tim.

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posted May 31, 2011 02:38 PM                  

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Yes Dan you are correct.
The only one who should worry about it is the one breaking any laws...

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posted May 31, 2011 02:57 PM                   

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If you haven't done anything wrong or have nothing to hide, you don't mind me taking a look in the back of your truck, searching your car, house, fill in the blank

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posted May 31, 2011 04:24 PM                   

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The MinnesotaText Messaging Ban

On August 1st, 2008 text-messaging, emailing or accessing the Web on a wireless device while driving in Minnesota (including while stopped in traffic) became illegal. The violation can cost up to $300 and applies to drivers of all ages. This is a primary offense law, which means you can be pulled over if your are observed violating the new law.

According to the news release (posted below) The law does not apply to devices that are permanently affixed to the vehicle or global positioning systems or navigation systems. Please see the memo below.


Texting, Emailing, Web Access Behind The Wheel Illegal

Motorists Can Be Pulled Over Directly for the Violation

ST. PAUL — Text-messaging, emailing or accessing the Web on a wireless device while driving — including while stopped in traffic — is illegal on Minnesota roads effective August 1. The violation can cost up to $300 and applies to drivers of all ages. As a primary offense, law enforcement can stop a motorist if they observe a violation of the new law.

Specifically, the law states that no person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic. The law does not apply to devices that are permanently affixed to the vehicle or global positioning systems or navigation systems.

According to the Department of Public Safety (DPS), crashes in which distraction or inattention was a factor — including text-messaging or cell phone use — are vastly underreported. The state reports distraction was a factor in at least 15 percent of all fatal crashes during 2005–2007, resulting in 240 traffic deaths. Another 1,163 motorists suffered serious, life-altering injuries as a result of distracted driving crashes during this period. The National Highway Traffic Safety Administration says distraction is a factor in about 25 percent of all crashes.

“When you are composing or reading a text message, your focus is not on the road, and your hands definitely aren’t on the wheel,” says Cheri Marti, director of DPS Office of Traffic Safety. “Driving is a multitasking activity in itself that requires complete attention.”

Marti says while the law is a good first step in eliminating the texting distraction, Minnesota motorists need to make a “serious effort” to remain focused on driving.

“Before you drive, put your phone out of reach so you avoid the urge to go for it,” says Marti. “If you have passengers, use them as the designated texters and have them handle your calls and texts.”

Cell phone use for teen drivers with a provisional license is completely prohibited by a law in effect since 2006. In an informal DPS Minnesota teen driving survey, teen respondents said texting was their biggest distraction while driving. Texting was also cited as the “most unsafe” behavior their friends engaged in while driving.

"NEWS RELEASE
Christine M. Krueger, Director of Communications

FOR IMMEDIATE RELEASE
July 31, 2008
CONTACT:
Nathan Bowie, 651-201-7571

###
444 Cedar Street, Suite 155 | Saint Paul, Minnesota 55101-5155 | www.dps.state.mn.us

Source Document Link

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Minnesota Cell Phone Laws

Minnesota does have a cell-phone law for drivers under the age of 18. This driving law was signed by the Governor of Minnesota in 2005 and went into effect on January 1st, 2006.

The cell-phone law prohibits drivers that are permit and provisional license holders from using a cellular or wireless telephone while the vehicle is in motion. The law specifically states that a hands free device cannot be used and that there are exceptions for emergency situations.

Another new bill that is currently active in the Minnesota legislative process is HF 41. If the bill gains momentum, it would prohibit the use of cell-phones while operating a motor vehicle.

If the bill does pass it would be enforced as a secondary offense which means the driver would have to initially be pulled over for a primary offense such as speeding or running a red light. This bill is being carried over to the 2008 legislative session and has not been enacted.

More Information Minnesota's Hands-Free Driving Law

Here is the State of Minnesota's government website that information regarding the cell-phone driving law.

State Website- Information on Minnesota's Cell-Phone Driving Law

Minnesota Drunk Driving Laws, Penalties & Fines

Minnesota Teen Driving Laws

Minnesota SR22 Insurance

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Texting & Driving - Can the Police Search Your Cell Phone at the Traffic Stop?

Posted 12 months ago. Applies to Georgia, 1 helpful vote, Comments (0)

Written by: Jennifer Nichole Johnson

Attorney licensed in Georgia



On July 1, texting while driving will be illegal for all Georgia drivers, and young drivers with provisional licenses will be banned from any cell phone use behind the wheel. A conviction can cost the driver $150 and 1 point on their driver’s history.



But, what exactly does it all mean? The law, known officially as the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving", states that a driver may not use using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data, except in the case of an emergency. The ban does not include CB radios, commercial two-way radio communication devices (push to talk); subscription based emergency communications (On Star), in-vehicle security, navigation devices (GPS, including Google maps on iPhones), and remote diagnostics systems, or amateur or ham radio devices. The bottom line is that you can talk all you want or use your GPS without violating the new law.



The interesting question is how the police intend to enforce the law. If someone is stopped for texting while driving, can the police conduct a warrantless search of the cell phone? The Courts have found that a person has a reasonable expectation of privacy over their cell phone. United States v. Finley, 477 F.3d 250, 259-260 (5th Cir. 2007). Additionally, it has been found that cell phones are more than just calling devices, containing private information, such as text messages and address books and that going through a cell phone at a traffic stop was like “general rummaging in order to discover incriminating evidence.” United States v. Zavala, 541 F.3d 562, 577 (5th Cir. 2008). However, if the Officer arrests the driver, the Courts have held that a warrantless search of a cell phone was proper after the arrest of a suspect, thus there was no Fourth Amendment violation in retrieving the call records and text messages from the suspect’s cell phone. Finley, 260.



Whether a police officer making a traffic stop can demand an individual’s phone in an attempt to verify if someone was text messaging, checking their email or surfing the web and if that search would violate the Fourth Amendment will ultimately be left up to a court of law.

It is JNJLAW’s opinion that such a search would violate the Fourth Amendment because of the personal information contained in most “wireless communication devices”. However, as an extra level of protection, JNJLAW recommends using the passcode feature available on many phones since a warrant would then be required to access the information.

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posted May 31, 2011 05:11 PM                   

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The state reports distraction was a factor in at least 15 percent of all fatal crashes during 2005–2007, resulting in 240 traffic deaths. Another 1,163 motorists suffered serious, life-altering injuries as a result of distracted driving crashes during this period

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posted May 31, 2011 06:09 PM                  

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If everybody wants to get enraged over something, then get uptight about all the guilty people who are found innocent every day in our flawed legal system, and even more importantly, all the innocent people who go to prison, because that happens all day every day all over this country.

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