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You guys are all wrong. I can go in my phone right now, delete my calls from the last hour and my texts from the last hour under a minute.
If I was texting and driving and I hit someone and I knew that the cops would check my phone like that, I would have them deleted before the cop got there.
Your service provider still has a record of all of this. Besides, many times someone in an accident is not able to access their phone and start deleting.
You surrender your breath to a breathelizer if your suspected of drunk driving. Is there a 4th Amendment issue there?
Probable cause. You have to first fail a number of physical tests. Even then it must be proven in court.
I do not think many would argue against the idea that if there is an accident and there is some sort of actual proof that a person was on their phone that the police should not be able to access your records with a court order to show you were distracted at the time of the accident.
Yep. Go to a court, present probable cause and get them to instruct the service provider to provide your records.
Exactly.
Also, it just seems strange to me that you just got in an accident and probably need to let your family know what happened, arrange for a tow truck, a ride home etc.....and how long would they keep your phone? If it means taking it for weeks or even a few days is crippling to some people that need it for work, life etc.
Your service provider still has a record of all of this. Besides, many times someone in an accident is not able to access their phone and start deleting.
There are also a lot of people have apps that mask your texts or hide them so that people won't know you are cheating or up to something illegal if they want to peek at your phone. Those are also the kinds of people that tend to screw up and get in accidents and drive while texting.
Also, it just seems strange to me that you just got in an accident and probably need to let your family know what happened, arrange for a tow truck, a ride home etc.....and how long would they keep your phone? If it means taking it for weeks or even a few days is crippling to some people that need it for work, life etc.
Yeah, I hadn't considered that. I could certainly see cases where someone gets into an accident and wants to call someone. The officer see's the person remove the phone from their pocket or purse and then demands that it be turned over.
Yeah, I hadn't considered that. I could certainly see cases where someone gets into an accident and wants to call someone. The officer see's the person remove the phone from their pocket or purse and then demands that it be turned over.
That brings up a question. Will the phone be confiscated if the officer sees it out? If that is all it takes for probable cause then this law is overreaching.
I have no fear of people reading what or who I have texted or called and when these happened. If requested I would turn my phone over to a policeman if I were involved in an accident because the only way I would be using a phone in that situation would be to call 911.
So what are all of you law abiding citizens afraid of?
Probable cause would be if there were witnesses that saw them talking on the phone. Probable cause would not be simply because there was an accident.
This would be reasonable, but is it written anywhere this way in relation to this new law? This is much like the controversy over DUI checkpoints. Constitution aside, some people are OK with it because they assume and/or they are told that the police there must abide by certain guidelines in determining who to stop and search. In reality, there may be very few restrictions (that are actually enforced, mind you) on the practice. If this law doesn't spell out what would be considered "probable cause", I'd be leary of it personally.
I have no fear of people reading what or who I have texted or called and when these happened. If requested I would turn my phone over to a policeman if I were involved in an accident because the only way I would be using a phone in that situation would be to call 911.
So what are all of you law abiding citizens afraid of?
I stated what could be a concern. As we have seen the last few months also, when we give up our rights the government can't resist then abusing their new found tactics.
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