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Old 02-27-2014, 05:14 PM
 
Location: northwest Illinois
2,331 posts, read 2,690,159 times
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Quote:
Originally Posted by swagger View Post
I think it's more a question of the sequence of events that lead up to his looking through your phone. I can't imagine any traffic stop scenario where this could end up happening, unless you're already being arrested for something.
It starts with the cop looking for PC for stops, and ends up when one cop is playing the questions game and the other is going thru your cars contents ... and your phone. It's not even about an arrest but often the intel the cop can get for the next arrest.
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Old 03-02-2014, 03:36 PM
 
Location: Las Vegas/SF Peninsula/South Lake Tahoe
2,049 posts, read 1,366,026 times
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At home, my phone is unlocked. Once I go out, I always have the passcode activated. If someone were to take my phone and attempted to unlock it, the phone will wipe its information after 10 unsuccessful unlocking attempts.
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Old 03-02-2014, 11:02 PM
 
Location: Maryland not Murlin
8,193 posts, read 22,575,431 times
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Quote:
Originally Posted by Erratikmind View Post
At home, my phone is unlocked. Once I go out, I always have the passcode activated. If someone were to take my phone and attempted to unlock it, the phone will wipe its information after 10 unsuccessful unlocking attempts.
Ha! I have the same "phone".
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Old 03-03-2014, 08:20 AM
 
Location: Metro Washington DC
13,325 posts, read 20,377,508 times
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Quote:
Originally Posted by midwest61021 View Post
Sometimes this starts with the cop reading notes on his laptop regarding a previous stop on a vehicle plate, so here he sees the plate one day and decides to make a stop on that same vehicle. Little does the driver know that the contents of his/her phone might be what the cop is really interested in. Many motorists just freeze up, and can't think under pressure so their phone is the last thing they think about securing before the cop walks up. ( since info in it might be used against them) Suppose your car mechanics phone number is innocently stored in your contacts? What if he was busted for a felony distribution charge, or wanted for one? You wouldn't know this, nor might you even do drugs right? But guess what ... because of a phone number, you just became interesting to that cop! UNLESS he couldn't open your contacts list.
Why are they letting the cop even look at it?
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Old 03-03-2014, 09:49 AM
 
Location: northwest Illinois
2,331 posts, read 2,690,159 times
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Quote:
Originally Posted by dkf747 View Post
Why are they letting the cop even look at it?
WHY? Think about it. When a cop pulls you over, and a SECOND cop shows up to grill you with stupid questions and does a "officer safety" search on you WHAT do you think the other cop is going to be doing?? He's going to be checking the contents of your purse/wallet and your phone contacts (ONLY if he can get into it). Sure, you CAN refuse to allow the search of your phone IF you haven't froze up from fear by now but how LONG do you want to be detained?? A LOCK CODE on your phone will solve this problem, because he can't have it without a warrant.
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Old 03-04-2014, 09:13 AM
 
Location: Metro Washington DC
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Quote:
Originally Posted by midwest61021 View Post
WHY? Think about it. When a cop pulls you over, and a SECOND cop shows up to grill you with stupid questions and does a "officer safety" search on you WHAT do you think the other cop is going to be doing?? He's going to be checking the contents of your purse/wallet and your phone contacts (ONLY if he can get into it). Sure, you CAN refuse to allow the search of your phone IF you haven't froze up from fear by now but how LONG do you want to be detained?? A LOCK CODE on your phone will solve this problem, because he can't have it without a warrant.
So, the 4th amendment doesn't apply to phones?
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Old 03-04-2014, 03:36 PM
 
Location: northwest Illinois
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Quote:
Originally Posted by dkf747 View Post
So, the 4th amendment doesn't apply to phones?
Loosely speaking, no as far as the cops are concerned. Notice one thing, IF they do a officer safety search of you for weapons they will remove everything from your pockets or purse. When they pick up your phone they will move off camera to go through your contacts ( if they can). The lock code stops this.
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Old 03-04-2014, 03:47 PM
 
Location: Rural Central Texas
3,615 posts, read 9,398,603 times
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Quote:
Originally Posted by dkf747 View Post
So, the 4th amendment doesn't apply to phones?
That depends upon the state and how their courts have ruled. Texas recently upheld 4th ammendment protection for phone content.

Quote:
Originally Posted by midwest61021 View Post
Loosely speaking, no as far as the cops are concerned. Notice one thing, IF they do a officer safety search of you for weapons they will remove everything from your pockets or purse. When they pick up your phone they will move off camera to go through your contacts ( if they can). The lock code stops this.
The lock code keeps the cop honest. Even without a lock code it is illegal for a cop to browse the phone content in many states. Texas recently ruled that a warrant is required. It is still legal for the cops to process the EXTERIOR of the phone and of course if anything is displayed on the screen during the course of this examination it will become legally collected. All the cops can use without a license is the phones physical characteristics and any forensic evidence they can collect from the phone surfaces, and anything you leave displayed for them to see. Without a warrant they cannot legally manipulate the phone to browse any content. Again, accidents can happena and that monkey could type a shakespearean manuscript, so the passcode could provide a layer of protection against unscrupulous cops and nosy wives/girlfriends. I would expect that the passcode would likely just make the nosy ones more suspicious and even more determined to get into it.
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Old 03-04-2014, 03:53 PM
 
Location: northwest Illinois
2,331 posts, read 2,690,159 times
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Quote:
Originally Posted by johnrex62 View Post
That depends upon the state and how their courts have ruled. Texas recently upheld 4th ammendment protection for phone content.



The lock code keeps the cop honest. Even without a lock code it is illegal for a cop to browse the phone content in many states. Texas recently ruled that a warrant is required. It is still legal for the cops to process the EXTERIOR of the phone and of course if anything is displayed on the screen during the course of this examination it will become legally collected. All the cops can use without a license is the phones physical characteristics and any forensic evidence they can collect from the phone surfaces, and anything you leave displayed for them to see. Without a warrant they cannot legally manipulate the phone to browse any content. Again, accidents can happena and that monkey could type a shakespearean manuscript, so the passcode could provide a layer of protection against unscrupulous cops and nosy wives/girlfriends. I would expect that the passcode would likely just make the nosy ones more suspicious and even more determined to get into it.
Agreed. They tried that with me, claiming I would be detained further if I did not open the log in and I refused. I said FINE, detain me longer but in the end you STILL won't get access. Eventually they had no choice but to cut me loose, but still dogged me all over town for another 15 minutes.
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Old 03-04-2014, 05:43 PM
 
Location: Metro Washington DC
13,325 posts, read 20,377,508 times
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Quote:
Originally Posted by johnrex62 View Post
That depends upon the state and how their courts have ruled. Texas recently upheld 4th ammendment protection for phone content.

I'm not trying to argue, but the 4th Amendment is in the U.S. Constitution. Whether it applies should not be up to the States.
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