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Police pulling over for suspected cell use while driving

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huckfinn

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Hey all.

A buddy of mine has been pulled over twice in recent months for using his cell phone while driving.

The funny thing is, he doesn't own a cell phone. Yes, hard to believe, but he doesn't.

So, what happens next is the officer searches his car for a cell phone, and then can't find one of course, which pisses off the cop.

I have two questions.

1) In order to issue a ticket, I would assume the officer would need access to the phone to check to see if it was used at the time of the 'sighting'. Can they do that without a warrant?

2) Does the officer have the right to search the vehicle for a cell phone. I understand they can for alcohol and drugs....but a cellphone?

Thanks all for any input.
 
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Phil C. McNasty

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A buddy, huh?? :p

I'm not a lawyer but from what I understand cops need probable cause to search your car after you been pulled over. Where the law gets murky is what constitutes "probable cause"
 
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huckfinn

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The "Bone" Ranger

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why was he "suspected" of using a cellular phone while driving if he doesn't have one?

huckfinn said:
Hey all.

A buddy of mine has been pulled over twice in recent months for using his cell phone while driving.

The funny thing is, he doesn't own a cell phone. Yes, hard to believe, but he doesn't.

So, what happens next is the officer searches his car for a cell phone, and then can't find one of course, which pisses off the cop.

I have two questions.

1) In order to issue a ticket, I would assume the officer would need access to the phone to check to see if it was used at the time of the 'sighting'. Can they do that without a warrant?

2) Does the officer have the right to search the vehicle for a cell phone. I understand they can for alcohol and drugs....but a cellphone?

Thanks all for any input.
Click to expand...
 
B

bigshot

Active member
Aug 16, 2003
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I know someone who was in a similar situation. While he does have a cell phone and he did have a witness who stated that he did not have the phone in his hand at any time (he was using an ear bud), the cop charged him anyway. When he asked the cop if he saw him with a phone in his hand, the cop told him "no, but my partner did". When he asked to speak with the other cop (who never left the cruiser) he was told that this wasn't going to happen.

Fast forward to his day in court, the cop showed up and testified that he had seen the driver using a cell phone, but the guy tells the judge that the cop had stated otherwise at the scene. His witness backed him up. The judge dismissed the charge when the guy called the cop's integrity into question. It's been suggested that the judge dismissed the case rather than finding him not guilty, as that would have necessitated charging the cop for lying under oath. Don't these guys have better things to do with their time???
 
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IM469

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I know this hot girl who was waiting at a red light when she heard an incoming text whistle and pickup the phone to look. She wasn't aware of the cop beside and got ticketed. She tried but couldn't schmooze the cop from giving her a ticket.
 
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GPIDEAL

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Jun 27, 2010
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Some cops can be assholes.

You can get a ticket for just looking down at your phone, if a cop sees you.

When my boss or his son get's a ticket, most of the time we fight it in court (hire a paralegal).

To re-iterate what Phil. C. Nasty said, a cop can conduct a search if there's reasonable suspicion. I don't know about having a cell phone. If the cell phone was in the car, under the seat, does that prove he saw you with it while driving? May he should have his body cam on?
 
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rhuarc29

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Apr 15, 2009
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huckfinn said:
Hey all.

A buddy of mine has been pulled over twice in recent months for using his cell phone while driving.

The funny thing is, he doesn't own a cell phone. Yes, hard to believe, but he doesn't.
Click to expand...
In the daytime, it is very easy to see someone using a handheld cell phone, especially considering phones are getting larger and larger everyday. No cop should be pulling someone over for suspected distracted driving unless they're sure of what they saw. For it to happen to your buddy twice makes me believe something else is up. Was your buddy goading the cops by pretending to use a cell phone? Was he acting suspicious to get the cop's attention? Do the cops have it out for your buddy for some reason? Etc.
 
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Mr Deeds

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Here
As I understand it if the cell phone is not pass worded the cop can go threw it. But he needs a warrant to get the the pass word
 
H

huckfinn

Banned from schools.....
Aug 16, 2011
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On the Credit River with Jim
anon1 said:
What colour is your buddy?
Click to expand...
rhuarc29 said:
In the daytime, it is very easy to see someone using a handheld cell phone, especially considering phones are getting larger and larger everyday. No cop should be pulling someone over for suspected distracted driving unless they're sure of what they saw. For it to happen to your buddy twice makes me believe something else is up. Was your buddy goading the cops by pretending to use a cell phone? Was he acting suspicious to get the cop's attention? Do the cops have it out for your buddy for some reason? Etc.
Click to expand...
Caucasian....but he has long hair. I think that's why they might be targeting him.
 
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The "Bone" Ranger

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Terminatus

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huckfinn said:
Hey all.

A buddy of mine has been pulled over twice in recent months for using his cell phone while driving.

The funny thing is, he doesn't own a cell phone. Yes, hard to believe, but he doesn't.

So, what happens next is the officer searches his car for a cell phone, and then can't find one of course, which pisses off the cop.

I have two questions.

1) In order to issue a ticket, I would assume the officer would need access to the phone to check to see if it was used at the time of the 'sighting'. Can they do that without a warrant?

2) Does the officer have the right to search the vehicle for a cell phone. I understand they can for alcohol and drugs....but a cellphone?

Thanks all for any input.
Click to expand...
An Officer can NOT search a car for a cell phone under any circumstances, even if they suspect a driver was using one. No ifs, ands or buts. NO. Further, to search for alcohol or drugs in a car when its not in plain sight, an Officer needs probable cause, and denying access to you car doesn't count! They need to smell drugs or alcohol or have grounds to believe someone is high or drunk.

However, the cell phone law isn't really a cell phone law, its a distracted driving law, and frankly gives Officers the ability to decide that anything they see you doing in your car while driving constitutes distracted driving (which I think is nuts). From talking on your cell or texting to changing your radio station, drinking coffee or eating. Just food for thought.
 
H

huckfinn

Banned from schools.....
Aug 16, 2011
2,505
113
63
On the Credit River with Jim
Terminatus said:
An Officer can NOT search a car for a cell phone under any circumstances, even if they suspect a driver was using one. No ifs, ands or buts. NO. Further, to search for alcohol or drugs in a car when its not in plain sight, an Officer needs probable cause, and denying access to you car doesn't count! They need to smell drugs or alcohol or have grounds to believe someone is high or drunk.

However, the cell phone law isn't really a cell phone law, its a distracted driving law, and frankly gives Officers the ability to decide that anything they see you doing in your car while driving constitutes distracted driving (which I think is nuts). From talking on your cell or texting to changing your radio station, drinking coffee or eating. Just food for thought.
Click to expand...
True....I don't think they should have the right either.

What I was getting at, is the officer might want to review times on texts and calls to see if you were actually distracted when s/he saw you. The article says they can view it after you are arrested. Is getting a traffic violation an arrest?

I'm also not convinced they have the right to search your vehicle unless they smell alcohol or drugs, or believe their safety is being compromised.
 
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Phil C. McNasty

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huckfinn said:
I'm also not convinced they have the right to search your vehicle unless they smell alcohol or drugs, or believe their safety is being compromised.
Click to expand...
Right, but a cop can just lie and say he smelled something that resembled alcohol.

Probable (or reasonable) cause is a very vague term. If a cop wants to be an asshole he can drag your life through living HELL just on "probable cause" alone. Thankfully we live in a democracy where the media keeps a reasonably good check on their powers, and things dont get too far out of control like they do in 3rd world countries.

I'm not saying Canada is perfect though, we have our own issues
 
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GPIDEAL

Prolific User
Jun 27, 2010
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Phil C. McNasty said:
Right, but a cop can just lie and say he smelled something that resembled alcohol.

Probable (or reasonable) cause is a very vague term. If a cop wants to be an asshole he can drag your life through living HELL just on "probable cause" alone. Thankfully we live in a democracy where the media keeps a reasonably good check on their powers, and things dont get too far out of control like they do in 3rd world countries.

I'm not saying Canada is perfect though, we have our own issues
Click to expand...
Good points Phil!
 
G

GPIDEAL

Prolific User
Jun 27, 2010
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huckfinn said:
True....I don't think they should have the right either.

What I was getting at, is the officer might want to review times on texts and calls to see if you were actually distracted when s/he saw you. The article says they can view it after you are arrested. Is getting a traffic violation an arrest?

I'm also not convinced they have the right to search your vehicle unless they smell alcohol or drugs, or believe their safety is being compromised.
Click to expand...
I also asked that question myself, that is, if a traffic violation is an arrest.

But I think there are different rules for traffic enforcement. For instance, a spot check is a type of search that is allowed without an arrest.
 
G

GPIDEAL

Prolific User
Jun 27, 2010
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Terminatus said:
An Officer can NOT search a car for a cell phone under any circumstances, even if they suspect a driver was using one. No ifs, ands or buts. NO. Further, to search for alcohol or drugs in a car when its not in plain sight, an Officer needs probable cause, and denying access to you car doesn't count! They need to smell drugs or alcohol or have grounds to believe someone is high or drunk.

However, the cell phone law isn't really a cell phone law, its a distracted driving law, and frankly gives Officers the ability to decide that anything they see you doing in your car while driving constitutes distracted driving (which I think is nuts). From talking on your cell or texting to changing your radio station, drinking coffee or eating. Just food for thought.
Click to expand...
Thank you sir!!!
 
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