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Old 05-01-2011, 02:35 AM   #1
wheels69
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Default Hide your cell phone

Next time you get pulled over by LE

http://translogic.aolautos.com/2011/...0060&a_dgi=aol
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Old 05-01-2011, 03:15 AM   #2
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interesting article!
i dont know how i feel about it. i mean, if im getting pulled over for talking while in a school zone...or texting while driving--ok i kid!!
but what does my cell have to do with me speeding, missing a red light, etc for them to want to search it? sounds crazy

i forgot where i heard this, but if you dont have the battery in the cell phone--the phone is pretty useless, even with a warrant. they cant do anything with it.
maybe its a myth--but it sounded good, before i put tons of thought into it lol

maybe an atty can chime in
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Old 05-01-2011, 05:58 AM   #3
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I don't store any Tel#'s on my cell 'phone, and I regularly delete all sent, received, and missed calls.

Now I'll make a habit of it every time I get behind the wheel.
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Old 05-01-2011, 08:23 AM   #4
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Quote:
Originally Posted by MsPrittiKitti View Post
but what does my cell have to do with me speeding, missing a red light, etc for them to want to search it? sounds crazy

i forgot where i heard this, but if you dont have the battery in the cell phone--the phone is pretty useless, even with a warrant. they cant do anything with it.
Earlier this year the California Supreme Court approved warrantless phone searches, setting a precedent other states could follow. Thread; Source

Installing a new battery or even plugging in the AC/USB charger will (more often than not) power up a battery-less phone. Of course some smartphones (I'm looking you at iPhone) don't even have user-removable batteries ...

Quote:
Originally Posted by GaryVee View Post
I don't store any Tel#'s on my cell 'phone, and I regularly delete all sent, received, and missed calls.
Did you miss this part of the article?

Quote:
Even deleted call history, text messages, images, phonebook entries and videos can easily be recovered in seconds. The app shows how much deleted data was recovered in red.


[-dent-]
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Old 05-01-2011, 11:17 AM   #5
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My hobby phone remains switched off unless I post. And upon switch on, theres pecial code to unlock. Thats the best I can do!
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Old 05-01-2011, 11:37 AM   #6
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..........agree and that is probably as far as you can go Miss Molly..........

.....and for those of us with factory installed car phones ==> creates an entirely different set of circumstances.....
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Old 05-01-2011, 12:41 PM   #7
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Now with the new San Antonio anti-texting laws I imagine the cops can at the very least see what current activity has occurred on your phone.

Heaven help you if your in a school zone with the phone on.

SF
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Old 05-01-2011, 12:45 PM   #8
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Agree with the lock bit. My previous phone had 3 password protection.
Gotta see what the new Android one has.
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Old 05-01-2011, 03:57 PM   #9
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Does Texas allow a warrant less phone search? And if they look at your phone before reading you your rights, doesn't that "evidence" get thrown out anyway because of technicalities. Miranda v Arizona, remember? Or is that only when you are being questioned for something and you haven't been read your rights and you incriminate yourself? I mean due process also, 14th amendment. (Fav class when I took cj) :P
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Old 05-01-2011, 05:05 PM   #10
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It's the wave of the future...just the beginning of the end of rights as we know it. Our kids and grandkids are going to see a whole different society.
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Old 05-01-2011, 05:27 PM   #11
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Quote:
Originally Posted by Pepper_Springfield View Post
Does Texas allow a warrant less phone search? And if they look at your phone before reading you your rights, doesn't that "evidence" get thrown out anyway because of technicalities. Miranda v Arizona, remember? Or is that only when you are being questioned for something and you haven't been read your rights and you incriminate yourself? I mean due process also, 14th amendment. (Fav class when I took cj) :P

Technically, if you get pulled over, the officer cannot look at your phone unless he or she has observed you using it while driving in a school zone or any other "no-cell" zone. Miranda is only when you are being questioned, so no problems there. Roger on rights, anything that is done without reading your rights, unless it's within the rules, can be thrown out, but don't quote me, as it's been a semester since I took criminal law.
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