CruiserTwelve: wingnut396: I'm sorry, but the police only keep the recordings for 10 days so the officers can refresh their memory when they write their official. The true record anyway is what the officer writes in his report, and that states the defendant said "Look at whatever you want pigs, I don't care!" Now my good jurors, who do believe, a decorated office with 12 years of experience or our accused drug dealer? It pretty clear who has more reason to hide the truth to me...Cops can't keep a recording for only 10 days. If they record something, it becomes evidence and has to be retained until the court case is resolved. By the way, what would be the point of using the recording when they write their report if they're just going to lie anyway?If you're that concerned about being unlawfully searched by the cops, maybe you should carry your own recording device at all times. Or maybe wire your car with a hidden recording device.
moothemagiccow: It's a self-portrait. It's not some crazy novel concept that those wild youngsters invented.
Prophet of Loss: moothemagiccow: It's a self-portrait. It's not some crazy novel concept that those wild youngsters invented.How do you paint a portrait of oneself sir? If you use one of those reflecting devil glasses then you deserve to be burned as a witch!
Reverend Monkeypants: Are there any phones out there that can be content encrypted?
fark'emfeed'emfish: Also pretty sure they don't generally peruse your contacts and history by sight. they plug that baby in and turn on the vacuum. None of that passcode nonsense.
That Guy Jeff: R.A.Danny: Ennuipoet: Another reason, as if you needed one, to put a damn lock code on your phone. And don't give it to the cops when they ask, idiots.And encrypt it. If they need what is on there they can go ahead and get a warrant. Otherwise "No sir, I do not want to show you what is on my phone"No, you don't say a goddamned thing without your lawyer present.
Reverend Monkeypants: Are there any phones out there that can be content encrypted?I'm sure the Ubuntu phone could have done it.Theoretically an Android phone could as well.iOS I doubt is, that's just an access password.Right?I bet Linux_Yes knows. Summon technogeek!
CruiserTwelve: Even two: You have a right to record in public and the cops can't take your phone. Lots of lawsuits have been filed over that practice and have been won by the plaintiffs. Every cop should know about that by now.
CruiserTwelve: Without consent the cop needs probable cause. Once probable cause is established, the cop needs either exigency (meaning there's no time to get a warrant) OR a warrant. As stated above, motor vehicles, due to their mobility, usually provide their own exigency.
buzzcut73: There's your voluntary search.
CruiserTwelve: buzzcut73: There's your voluntary search.Motorist: "I'll just show it to you. No need to take it back to your car."
LoneVVolf: That would be great, if "not giving consent to a search" wasn't probable cause for a search...
buzzcut73: Cop: I need to take it back to my car with your license and registration. I'll be right back.Motorist: No, you can'tCop: Well then, I'll have to cite you for no proof of insurance
CruiserTwelve: buzzcut73: Cop: I need to take it back to my car with your license and registration. I'll be right back.Motorist: No, you can'tCop: Well then, I'll have to cite you for no proof of insuranceMotorist: "Fine. I'd like to speak to your supervisor please."Actually, you've created a scenario that just wouldn't happen. No cop in the friggin' world cares what's on your cell phone during a traffic stop.
Saiga410: Wasnt a traffic stop the basis for this case? Pulled over for a tail light.
way south: But you don't know if your plate might have been randomly chosen from a list of people suspected of boinking an officers wife or donating to the wrong political party.
mjbok: Riley v. California had the person pulled over for expired plates. The cops searched the person's phone (completely derailing CruiserTwelve's statement).
CruiserTwelve: cefm: The reasonableness of "seizure" is clearly accepted, when it is resulting from arrest. When you are arrested (not detained, questioned, etc. but straight up arrested) the police seize your person and the stuff you have on/with you. The reasonableness of "search" is what we're looking at. If you had a diary in your pocket, or a personal organizer, they could reasonably read through that along with checking your pocket or wallet for receipts, business cards, etc. The reasonableness of looking through the contents of an unlocked mobile phone is under current law pretty much the same. You'd have to specifically call out mobile phones/cameras/ipods etc.as a special type of protected item in a change to your state's laws if you wanted to change that. That leaves us only with the reasonableness of searching through a locked device. Either by demanding that the arrestee unlock it or by using a bypass tool of some kind.That's my understanding of the current law too.Experience tells me that most cops don't really care to look at your cell phone unless they expect to find something incriminating. In fact, most cops will try to hand off cell phones to a friend at the time of arrest so they don't have to inventory them at the jail. The times a cop will want to look at your cell phone is if it's involved in the crime you are being arrested for. Example: You're arrested for making threats against your ex-girlfriend by text message. The ex has already shown the cop her phone with the receiving end of the texts. The cop will want to look at your cell phone to confirm they were sent from there. If your phone is locked, they'll usually apply for a warrant and then bypass whatever security measures you have on the phone. And yes, cops know how to bypass pretty much any security your cell phone might have.
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