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New York: Hand over your phone after you crash (Read 4786 times)

ren

New York: Hand over your phone after you crash
« on: April 16, 2016, 09:47:51 PM »
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Deeds Not Words

Heavies

Re: New York: Hand over your phone after you crash
« Reply #1 on: April 16, 2016, 10:15:25 PM »
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suka

Re: New York: Hand over your phone after you crash
« Reply #2 on: April 17, 2016, 05:13:03 AM »
Reasonable doubt , is enough to search (and obtain a search warrant)  the phone if an accident  was involved.
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Heavies

Re: New York: Hand over your phone after you crash
« Reply #3 on: April 17, 2016, 07:33:32 AM »
Quote from: suka on April 17, 2016, 05:13:03 AM
Reasonable doubt , is enough to search (and obtain a search warrant)  the phone if an accident  was involved.
Even if the phone is in a pocket or purse?   
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suka

Re: New York: Hand over your phone after you crash
« Reply #4 on: April 17, 2016, 07:40:17 AM »
yeap probable cause that texting caused the accident,
but a veteran detective can obtain phone (text) records from the service provider with a warrant on a major accident.
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suka

Re: New York: Hand over your phone after you crash
« Reply #5 on: April 17, 2016, 07:43:05 AM »
Quote from: Heavies on April 17, 2016, 07:33:32 AM
Even if the phone is in a pocket or purse?
The phone would likely be on the floor and not inside the purse or pocket if the crash occurred during a text or call.
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ren

Re: New York: Hand over your phone after you crash
« Reply #6 on: April 17, 2016, 08:16:11 AM »
Clear violation of 4th. Just because you own a mobile phone doesnt give police right to search. What happens if phone was not with you? Ive seen drivers with tablets on their steering wheels in traffic. Where does this madness stop.
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eyeeatingfish

Re: New York: Hand over your phone after you crash
« Reply #7 on: April 18, 2016, 01:21:39 AM »
A search warrant would need to be obtained first. If they had reason to believe the cell phone was involved they would collect it as evidence and then apply for a search warrant.
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Tom_G

Re: New York: Hand over your phone after you crash
« Reply #8 on: April 18, 2016, 01:51:17 AM »
The moment protecting your rights conflicts with saving my life, your rights lose. 
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The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Heavies

Re: New York: Hand over your phone after you crash
« Reply #9 on: April 18, 2016, 09:57:03 AM »
Quote
The Slippery Slope is a fallacy in which a person asserts that some event must inevitably follow from another without any argument for the inevitability of the event in question.


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ren

Re: New York: Hand over your phone after you crash
« Reply #10 on: April 18, 2016, 10:59:14 AM »
While mobile phone usage is likely common in crashes from inattentiveness there are other souces. Eating and putting on makeup are some activities I observed in traffic. Shall we search purses for makeup equipment? How about no food within arms reach? Drivers SHOULD be more responsible but we are not. Because we arent ourbehaviors are so tightly regulated we have no freedoms. We abuse them till it gets taken away from the govt.
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eyeeatingfish

Re: New York: Hand over your phone after you crash
« Reply #11 on: April 19, 2016, 07:32:40 AM »
So along these lines, if someone is arrested for drunk driving, the police can search your credit card receipts as well.
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