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Michigan State Police Search Cell Phones During Traffic Stops

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
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.
 

bajadudes

Regular Member
Joined
Apr 14, 2011
Messages
63
Location
Raleigh, NC
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.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.

:D
 

Bronson

Regular Member
Joined
Jul 14, 2008
Messages
2,126
Location
Battle Creek, Michigan, USA
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
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
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.
 

jbone

Regular Member
Joined
Jun 4, 2008
Messages
2,230
Location
WA
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.
 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
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.
 
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bajadudes

Regular Member
Joined
Apr 14, 2011
Messages
63
Location
Raleigh, NC
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.
 
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Eurotour

Regular Member
Joined
Feb 22, 2011
Messages
16
Location
Grand Rapids
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.
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
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
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com

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.
 

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
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)?
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
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.
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
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.....

Outdoorsman1
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
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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