SNIP I hope the ACLU prevails.
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?
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.
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.
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 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.
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