spoon059 wrote:
#2 The officer cannot go through your phone to see if you were using your phone. They need your consent (don't give it to them if you are concerned about it) or a warrant.
Some cases have upheld that going through a phone that DOES NOT HAVE A LOCK CODE is not considered a warrantless search. If it has a lock code, they need a warrant.
I believe it is similar to going through your desk in an office. If the drawer is locked, privacy violation and requires permission or warrant from INDIVIDUAL. If not locked, EMPLOYER can grant access and permission.
I even had an "officer" (Quotes mean wanna-be's vs those who are professional LEOs who have integrity) take MY phone from my hand one time. He had no idea, but the roadside is not the place to take a stand. State your objection clearly and call your attorney as soon as you are cleared from the site.
In the following day(s) I spoke with appropriate LEO and US Marshall and the apologies and "Sirs" flowed at every turn. BUT- it didn't change a thing during the initial stop and holding my property was an inducement for me to remain.
I think that initial encounter is where the potential for overreach or worse comes in for such a "wildly subjective, no proof needed" criteria such as touching your phone.
I have every respect for the professionals who honor their oaths. Unfortunately they are subject to the rules and policies set upon them by others.
When those rules or policies are in conflict with Law Abiding Citizens' Rights, the Citizen must prevail in a free society or the LAW itself becomes the transgressor.
BTW, have you ever watched someone SMOKING A CIGARETTE while driving? But THAT is not a valid reason to stop someone (usually).
