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Thread: Michigan State Police Search Cell Phones During Traffic Stops

  1. #1
    Regular Member PDinDetroit's Avatar
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    Michigan State Police Search Cell Phones During Traffic Stops


  2. #2
    Regular Member TheQ's Avatar
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    Disgusting. They still won't get my video which will already be on the web...of course, they could get the password to my Qik account via this and use that to nix the video.

    Sighs. No one is safe. Back to MI porcupine 411 it looks like.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    That is completely over the top. What possible excuse/RAS would they have to get you to turn over your cell phone at a traffic stop?

    What, they get you to empty your pockets then sneak it away for a min while they rip it? How could anything obtained that way even be admissible in court against you?

    That is such bull$hit.

    I hope the ACLU prevails.
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    Quote Originally Posted by bajadudes View Post
    SNIP I hope the ACLU prevails.
    In the meantime---heh, heh, heh---why pass up an opportunity to educate the police.

    Have friends send you text messages quoting the 4th Amendment, or bacon jokes, or a photo of a court case where a cop was successfully sued, or...

    Really throw a scare into 'em: the "secret" plans to establish a citizen's review board, complete with comments suggesting the mayor and city council already approve.


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    State Researcher Bill Starks's Avatar
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    phone virus.........

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    Regular Member Bronson's Avatar
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    Quote Originally Posted by bajadudes View Post
    That is completely over the top. What possible excuse/RAS would they have to get you to turn over your cell phone at a traffic stop?
    They don't need RS if they ask to search the phone and you let them. Actually they don't have to ask. They can just tell you they're going to do it and if you don't object that can be taken as implicit consent.

    Watch COPS, one of the tactics I've often seen on that show is for the officer to get into the car and say something like "I'm just going to have a look around in here. Ok?" The person doesn't stop them or deny them access so by allowing it they have consented to the search.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    Regular Member OC for ME's Avatar
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    No officer, you may not confiscate my property without probable cause. No officer, you may not search my vehicle without probable cause. No officer, I will not answer any more of your questions. Officer, I fear for my safety and the safety of those traveling with me, please call for a supervisor.

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    Regular Member jbone's Avatar
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    License, registration, insurance and phone! My god thanks not even remotely funny!
    ACLU, that part is funny! I'm a white middle-class phone-toting American citizen, good luck too me enlisting thier help.

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    Regular Member lil_freak_66's Avatar
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    Quote Originally Posted by OC for ME View Post
    No officer, you may not confiscate my property without probable cause. No officer, you may not search my vehicle without probable cause. No officer, I will not answer any more of your questions. Officer, I fear for my safety and the safety of those traveling with me, please call for a supervisor.

    that just tends to piss em off though...but still very important to state if you are in actual fear

    for most of us at least,we run recorders so if they illegally mess with our phone we have proof of criminal activity.
    Last edited by lil_freak_66; 04-20-2011 at 11:03 AM.
    not a lawyer, dont take anything i say as legal advice.


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    The article says the ACLU is involved and pursuing it...When they are doing good work I am not about to criticize them. Hell even Rush L took their help when they offered.

    In NC in a vehicle the correct responses for me are, recorder on and inform the LEO it's on, Show DL and insurance if asked. If they ask for anything else ask what probable cause they have, refuse a search, no you can't have my cell phone, I am not answering any more questions, I won't turn off my recorder, If I am not free to leave I want a supervisor. If I am asked to step out of the car I inform the officer I am concealed carrying with a permit, I step out of the car and lock it behind me. The recorder in my front pocket.

    Above all DON"T talk to them about anything beyond the above interaction. Nothing, not where you are going, not where you have been. Stand your ground...DO NOT TALK. There is no good that can come of it. I will be very uncomfortable but DO NOT TALK.
    Last edited by bajadudes; 04-20-2011 at 11:13 AM. Reason: spelling
    Preferred weapon is a GBU-10 PavewayII but it's a little heavy for me
    For OC I have a Beretta 90-two Italian 9mm. Mi piace molto
    Beretta pre warnings 92fs stainless steel Italian 9mm
    Beretta 92fs compact USA 9mm
    Beretta Cougar 8000 9mm
    For fun it's an LMT AR-15 w/defender 2000 lower and a slide fire stock

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    Quote Originally Posted by Bronson View Post
    They don't need RS if they ask to search the phone and you let them. Actually they don't have to ask. They can just tell you they're going to do it and if you don't object that can be taken as implicit consent.

    Watch COPS, one of the tactics I've often seen on that show is for the officer to get into the car and say something like "I'm just going to have a look around in here. Ok?" The person doesn't stop them or deny them access so by allowing it they have consented to the search.

    Bronson
    Which is why if I'm asked to step out of the vehicle, I will close and lock the doors behind me, and stick the keys in my pocket.

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    Regular Member Outdoorsman1's Avatar
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    Quote Originally Posted by Eurotour View Post
    Which is why if I'm asked to step out of the vehicle, I will close and lock the doors behind me, and stick the keys in my pocket.
    I persoanlly know someone who tried this and after he was handcuffed, the LEO took the keys out of his pocket and opened the car. Admittitedly, I do not know the whole story but I am thinking the LEO (thought) he had probable cause (or at least used that as an excuse)...

    Outdoorsman1
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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by PDinDetroit View Post
    This is incredibly frustrating. On what basis (with or without RAS or PC) are they even able to take -- and examine -- a CELL PHONE without a warrant? Surely they can't cite "officer safety" because the cell phone poses no threat. I'd like to read more about what they believe to be their "authority" in law.

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    Quote Originally Posted by bajadudes View Post
    The article says the ACLU is involved and pursuing it...When they are doing good work I am not about to criticize them. Hell even Rush L took their help when they offered.

    In NC in a vehicle the correct responses for me are, recorder on and inform the LEO it's on, Show DL and insurance if asked. If they ask for anything else ask what probable cause they have, refuse a search, no you can't have my cell phone, I am not answering any more questions, I won't turn off my recorder, If I am not free to leave I want a supervisor. If I am asked to step out of the car I inform the officer I am concealed carrying with a permit, I step out of the car and lock it behind me. The recorder in my front pocket.

    Above all DON"T talk to them about anything beyond the above interaction. Nothing, not where you are going, not where you have been. Stand your ground...DO NOT TALK. There is no good that can come of it. I will be very uncomfortable but DO NOT TALK.
    I am wondering: Am I even legally required to step out of the car when officer orders to do so when the only reason I was stopped is traffic violation (civil infraction)?

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    Regular Member autosurgeon's Avatar
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    From what I understand these testers are at the crime lab not in the patrol car...
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Regular Member xmanhockey7's Avatar
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    I think they will try to argue texting while driving as reasonable cause.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by xmanhockey7 View Post
    I think they will try to argue texting while driving as reasonable cause.
    Interesting. Since I have to travel back into the PRO Maryland regularly, which has just enacted "No texting while driving," I suppose that they could use that observed infraction as RAS to examine the cell phone to confirm that one was or was not actually texting while driving, based on the timestamps of the texts.

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    Regular Member Outdoorsman1's Avatar
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    Quote Originally Posted by JamesCanby View Post
    Interesting. Since I have to travel back into the PRO Maryland regularly, which has just enacted "No texting while driving," I suppose that they could use that observed infraction as RAS to examine the cell phone to confirm that one was or was not actually texting while driving, based on the timestamps of the texts.
    Ahhhhhh.... a reason behind the madness.....

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    Sick. I would sooner drop my cell phone in a glass of water than to have it searched.

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    Campaign Veteran smellslikemichigan's Avatar
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    Quote Originally Posted by Outdoorsman1 View Post
    I persoanlly know someone who tried this and after he was handcuffed, the LEO took the keys out of his pocket and opened the car. Admittitedly, I do not know the whole story but I am thinking the LEO (thought) he had probable cause (or at least used that as an excuse)...

    Outdoorsman1
    good reason to lock keys in the car and have a hide-a-key under the frame somewhere.
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    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by JamesCanby View Post
    Interesting. Since I have to travel back into the PRO Maryland regularly, which has just enacted "No texting while driving," I suppose that they could use that observed infraction as RAS to examine the cell phone to confirm that one was or was not actually texting while driving, based on the timestamps of the texts.
    Or they could give you the ticket for it, take it to court, and subpoena your mobile provider for the information.. There is ZERO reason a LEO needs your phone. NONE. He does not need to prove the crime in your phone before ticketing you for it.

  23. #23
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    They ask for my phone, and Im going to spill my pop all over it. I'll replace the phone later at my cost if necessary.

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    Quote Originally Posted by Outdoorsman1 View Post
    I persoanlly know someone who tried this and after he was handcuffed, the LEO took the keys out of his pocket and opened the car. Admittitedly, I do not know the whole story but I am thinking the LEO (thought) he had probable cause (or at least used that as an excuse)...

    Outdoorsman1
    Well once he was arrested the LEO can search the car, its something like a search incident to an arrest. Even if he doesn't search the car after the arrest. they are going to do a Inventory search of the car back at the station. So once your arrested you are pretty much screwed if your hiding stuff in your car.

    Now its been 6 years since i graduated from a police academy in Michigan so don't quote me on that. lol

  25. #25
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by jeremy05 View Post
    Well once he was arrested the LEO can search the car, its something like a search incident to an arrest. Even if he doesn't search the car after the arrest. they are going to do a Inventory search of the car back at the station. So once your arrested you are pretty much screwed if your hiding stuff in your car.

    Now its been 6 years since i graduated from a police academy in Michigan so don't quote me on that. lol
    What gives him the right to do so? Even after arresting someone without RAS?

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