Forum: Arts / Debates

Page:
Page 6 of 6: 1 2 3 4 5 6

Comment #9812048 deleted
Removed by imadanseur (79325) on 2011-12-21 07:44:12 again this endless conversation isn't adding to the thread.

re: National ban on cell phones while driving?
By Dream_chaserPremium member
On Tue Jan 03, 2012 10:30 PM
Well, Pennsylvania just screwed us on that. It was illegal and now it's not, just no texting. The cops are angry because how can you tell if someone is dialing or texting?

It should be banned. I pull over if I need to make a call. I do dial, and put on my blue tooth, and talk, every now and then, but I refuse to pick up a call, while driving, or make one.

I have been almost hit, many times by people with a phone attached to their ear.
re: National ban on cell phones while driving?
By Heartmember has saluted, click to view salute photosPremium member
On Thu Jan 05, 2012 02:54 PM
This is going back a bit, but just to clear something up:


SaraTheGrouch wrote:

sarathegrouch wrote:

Why, you got something to hide?

That's not how civil liberties work.



^ Keep telling yourself that. Just don't get in trouble with the law, m'kay?



Actually, that is how civil liberties work.

As with most things, this is state law and the details depend on the state in which you reside. Not all laws have been updated with regard to the latest technology, and the details will surely be hammered out in court.

For example, take California. Last January, a court case allowed police officers to search through the cell phones of arrested persons. Subsequently, the California legislature passed the Mobile Device Privacy Act, which made it illegal to search through cell phones, PDAs, and the like without a warrant. This was then vetoed by California's governor, who justified this by saying that "The courts are better suited to resolve the complex and case-specific issues relating to constitutional search-and-seizures protections." Knowing Cali, they'll probably be going back-and-forth on that one for a while.

THAT SAID. You have a legitimate expectation of privacy with regard to your mobile devices, so police can't just grab it off you and search through it, any more than they can search through your purse or car. They must have probable cause. (I can't find anything on whether or not an officer seeing you talking on a cell phone is probable cause or not. I'm assuming this hasn't lead to a great amount of warrantless searches through cell phones, or else there would be stories about it. That would be an interesting point.)

Apparently, nobody has any freaking clue what's going on when it comes to searches "incident to arrest," as well as "exigent circumstances." Searches incident to arrest take place when you're arrested and taken into custody, so cops go through everything that's on your person. Noting that you have a cell phone is one thing, but can they go through your phone? "Exigent circumstances" are just that - when the cops fear if you're allowed to keep your phone, you'll delete evidence of the alleged crime. In regards to these situations, the cops say yes, the ACLU and similar organizations say no, and the courts tend to rule in favor on the cops, but not entirely; collectively it's probably better summed up as throwing their hands up in the air and going "Meh, it depends."

Naturally, if you hand a police officer your cell phone, that's an entirely different kettle of fish. Any lawyer would highly recommend against you doing so, regardless of whether or not you have "something to hide." You have your 4th Amendment rights and it is never advisable to give up those or any rights voluntarily. When speaking to police, be polite, answer their questions, refuse all searches when asked, and if arrested, the only words to come out of your mouth should be "I want to see my lawyer."

Refusing a search of any kind is NOT suspicious behavior or admission of guilt.
Page:
Page 6 of 6: 1 2 3 4 5 6

ReplySendWatch

Powered by XP Experience Server.
Copyright ©1999-2021 XP.COM, LLC. All Rights Reserved.
XL
LG
MD
SM
XS
XL
LG
MD
SM
XS