Michigan: Police Search Cell Phones During Traffic Stops

[moneytree2012]

http://www.thetruthaboutcars.com/201...traffic-stops/

Just brainstorm and think of the possibilities. Not the mention the 4th amendment issues.

[charlestudor2005]

With the manic fear of so-called "terrorists," I suspect LE will win the court challenges to this practice.

[Tiffany Cums]

Lock you phones and laptops, and dont give them access. They can not make you give them access without a search warrant. Dont leave it open and available.

[hold-empokerguy]

Living in Michigan I have not heard a word on the news or anywhere else about the police using this divice and would think if they had used it someone would have said something.....now that does not mean they do not have it and or they could use it if the driver gives them permission....

My first thought was regarding the state of Michigan having a no text and drive law and that was how they would figure out if you where texting when driving

[acp5762]

I've read the article. I was a JAG Officer in the Navy. In order for a police Officer to search a vehicle on a Traffic stop he must have and account for his reason through Probable Cause. Now if a Police Officer happens to see Contraband that is in plain view in the vehicle he can search the vehicle further and make an arrest incidental to arrest which of course stems from the traffic ticket he'll be issueing or should be issueing. Now to search a cell phone or computer he must still establish Probable Cause to do that. There must be something that lawfully gives him the right to do so. On the flip side if a motorist gives a Police Officer consent to search his vehicle.The vehicle maybe searched. On another note. A drug Dog outside of a motor vehicle is not considered a search if the drug Dog responds to the vehicle in a mannor which gives the officer reasonable suspicion that contraband is in the vehicle he may search the vehicle without a warrant or consent of the motorist. Now to search a Cell phone or laptop does not fall into the consent or PC to search a vehicle. If an officer is searching the interior of the vehicle and a closed box is the car taped shut or bound in some way he can't lawfully open the box and search it without having PC to do so. For instance if the box emits a noxious odor or a ticking sound or something that may indicate it contains contraband, which could be anything illegal ( Drugs, Explosives, Weapons, ammo ect) Then the officer can establish a Probable cause to open the Box. So in refference to this article if Officers of the Mich. state Police are Searching Cell Phones without the established PC to do so or without the lawful consent of the motorist they are conducting unlawful searches. But as long as they can BS people they will continue to do it.

[Stud Daddy]

Originally Posted by hold-empokerguy

Living in Michigan I have not heard a word on the news or anywhere else about the police using this divice and would think if they had used it someone would have said something.....now that does not mean they do not have it and or they could use it if the driver gives them permission....

My first thought was regarding the state of Michigan having a no text and drive law and that was how they would figure out if you where texting when driving

The practice they appear to be using is the standard "if you have nothing to hide" scam. Advise the officer that this is solely a traffic stop & you have no intention of allowing an illegal search of your car, person etc. to occur.

Then shut your mouth! show him only the required documents & if asked to exit the vehicle comply but close the door & lock it when you get out with your phone inside in you feel it is necessary.

& Shut your mouth! everything you say will be used against you.

[SneakyCancer]

who in the fuck would hand over a cellular phone to a officer just poking around? please....idots.... People need to be educated on their rights...and common sense. Phone locks every minute....key guard (so no butt dials) and security lock.

[TexTushHog]

My guess is that they loose the 4th Amendment issue. It's not as clear cut as it should be, unfortunately, given some bad precedent. But given the wide varieity of personal information that is kept on cell phones, my guess is that a court would analogize it to a search of a briefcase or a back pack.

[acp5762]

Originally Posted by TexTushHog

My guess is that they loose the 4th Amendment issue. It's not as clear cut as it should be, unfortunately, given some bad precedent. But given the wide varieity of personal information that is kept on cell phones, my guess is that a court would analogize it to a search of a briefcase or a back pack.

During a Traffic stop an officer only has one objective initially and that is to investigate a traffic violation be it a moving violation such as running a red light or stop sign to a non moving violation such as an exp lic plate or inspection sticker. Upon making contact with you his reasons for searching your vehicle or the contents within it must be faciliatated by Probable Cause. Probable cause is not based on an assumption or a hunch, but rather precise concrete circumstances. To check a cell phone an officer must show in his report what specifics he was looking for. He doesn't have a search warrant with him so in order to make a search during a traffic stop he must show lawfully his reasoning behind it. Their is such a thing called the " Exclusionary Rule" which enables an officer to apply the law for search and seizure from a vehicle without a warrant when time is in the essence. An officer must validate his search through specific criteria which enables him to do so. Having a sneeky suspicion won't cut it even if he gets lucky. You might get taken into custody but nothing will really hold up in court. I would never give an officer leverage to search my vehicle. He can search you, without your consent though.

[Cpalmson]

Know your rights. Keep your mouth shut and NEVER surrender personal property without a warrant, period, dot, end of discussion. I don't care what a court says, no cop is going to get my personal property without a fight. Cops think they are above the law. They are not, and in some cases, the cops are more criminal than the criminals.

[tia travels]

This repeats some of the article but has some other info. also. It was on MSN yesterday:

http://redtape.msnbc.msn.com/_news/2...ell-phone-data

[TexTushHog]

Originally Posted by acp5762

During a Traffic stop an officer only has one objective initially and that is to investigate a traffic violation be it a moving violation such as running a red light or stop sign to a non moving violation such as an exp lic plate or inspection sticker. Upon making contact with you his reasons for searching your vehicle or the contents within it must be faciliatated by Probable Cause. Probable cause is not based on an assumption or a hunch, but rather precise concrete circumstances. To check a cell phone an officer must show in his report what specifics he was looking for. He doesn't have a search warrant with him so in order to make a search during a traffic stop he must show lawfully his reasoning behind it. Their is such a thing called the " Exclusionary Rule" which enables an officer to apply the law for search and seizure from a vehicle without a warrant when time is in the essence. An officer must validate his search through specific criteria which enables him to do so. Having a sneeky suspicion won't cut it even if he gets lucky. You might get taken into custody but nothing will really hold up in court. I would never give an officer leverage to search my vehicle. He can search you, without your consent though.

No, you are wrong. As was I when I made my initial guess yesterday.

The law is not yet entirely clear what standard law enforcement needs to show to search the data on a cell phone, but according to the one reported case, they don't need to show probable cause. To my knowledge, and I freely admit that I practice very little criminal law, only one of the Federal Courts of Appeal have ruled on this issue. They found that the data in a cell phone was more like bank account information and had already been shared with others (the cell phone company) and it could be obtained with a subpoena.

http://www.ca3.uscourts.gov/opinarch/084227p.pdf

Of course that doesn't fully answer the question on a traffic stop, but it strongly suggests that probably cause isn't required, although some showing may be needed.

If there have been other rulings since September of last year when the Third Circuit case came out, I am unaware of them, but would be interested in reading them.

[npita]

Just keep your cellphone in your pocket and tell the cop you don't own one if asked.