Police search of cellphones during traffic stop

Elizabeth2

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Do you feel that the police in the US should be able to rummage through your cellphone during a minor traffic stop without a warrant?
Would you give out your password if you keep your phone locked?
 

Just_Me_D

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Do you feel that the police in the US should be able to rummage through your cellphone during a minor traffic stop without a warrant?
No, they should not be able to do such a thing without a warrant unless that minor traffic stop ends up being something that leads to an arrest or you've given them permission to do so.
Would you give out your password if you keep your phone locked?
No.
 

Elizabeth2

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It is alarming to read or hear about the increasing number of cellphones forcibly being taken during minor traffic stops.

Our cellphones contain everything from security information to our health records.

I would not hand over my cellphone nor would I unlock it.
 

Just_Me_D

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It is alarming to read or hear about the increasing number of cellphones forcibly being taken during minor traffic stops.

Our cellphones contain everything from security information to our health records.

I would not hand over my cellphone nor would I unlock it.
I hear ya, and hopefully, we'll never experience it...:)
 

EmceeGeek

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They definitely should need a warrant for that. They'll be trying to pin you with texting while driving or something! No!!! Bad enough you can't trust them, even though they're suppose to "protect and serve". Sorry if I'm offending anyone but seriously..... They suck
 

thatotherdude24

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Being a digital forensics student for 3 years I was under the impression it already was a law. Since it isn't yes a warranty should be needed unless it is a matter of somebody's safety being at risk then an officer should be able to immediately.

Kind of off topic but another law I learned of Sunday....I think this one is a local one however. Here when somebody puts trash out by the road if a passerby would like to take something from that persons trash they must ask the homeowner before taking it BUT police can search that same trash without a warrant. Makes sense right?


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bobbob1016

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Do you feel that the police in the US should be able to rummage through your cellphone during a minor traffic stop without a warrant?
Would you give out your password if you keep your phone locked?

Afaik, the 5th amendment basically says that they can't force you to enter your code, but they can force you to give fingerprints. So as long as you don't have fingerprint unlock, you plead the fifth. Then, if they do take you in or whatever, as I'd imagine most people wouldn't have anything to hide, and it would be a waste of their time, you shame them, then sue them.
 

donemt

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I honestly wouldn't care. Not like I have anything to hide anyway. Look away....

It seriously has nothing to do with what you do not have to hide or not but your right to privacy. Your cell phone contains important and sensitive information and is part of you and should be protected under the law as such as much as any other property. A warrant is a must if a cell phone is to be seized and ordered searched.


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rayz336

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It seriously has nothing to do with what you do not have to hide or not but your right to privacy. Your cell phone contains important and sensitive information and is part of you and should be protected under the law as such as much as any other property. A warrant is a must if a cell phone is to be seized and ordered searched.


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All of this!
 

acerace113

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I can't remember for sure if it's just the province of Ontario or all of Canada but if you don't have a passcode on your phone the police are allowed to search your phone without a warrant. If you have a passcode set the police have to ask you to search your phone and you can say no, if you say no then they need a search warrant with a good reason.


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kataran

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Here in RI the police can't go into your wallet or purse without your permission or probable cause so the same should apply to your personal cellphone

Some states state any personal item on your person is subseptable to search. There needs to be a universal law to the fact of cellphone search

Now if an officer has suspicion that your texting and driving in my state they will ask to show proof that you wasn't texting in some cases or just site you without visual inspection of your device
 

Elizabeth2

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The US Supreme Court heard two oral arguments yesterday in regards to cellphone searches and warrants.
What I find troubling is that the Justices have admittedly been confused before by technology. Recently hearing a case involving streaming video provider Aereo the Justices analogies were often humorous and incorrect trying to educated each other.
I guess we will know sometime in June the ruling on our fast pace technology and constitutional law in the 21st century.
 

iOS Gravity

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It seriously has nothing to do with what you do not have to hide or not but your right to privacy. Your cell phone contains important and sensitive information and is part of you and should be protected under the law as such as much as any other property. A warrant is a must if a cell phone is to be seized and ordered searched.


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There are privacy laws out there as well.
 

nikkisharif

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This is definitely unacceptable!!! I'm not a fan of law enforcement anyway, so I'm not giving them permission to look at anything. I've been profiled several times because of my race & the vehicle I drive so they can kick bricks.

BTW...I do have a couple of friends that are officers and I question their morals all the time:rotfl: Seriously though, I don't think all officers are crooked I just have trust issues when it comes to them.
 

Spencerdl

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Nope, never, nadda....they would have to pry it from my cold dead hands, then I would still give them a fight of their life while dead...SMILE. All jokes aside, they can ask you to see your device, but can't make you...they would need a warrant.
 

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