Rear ended

[Dadhawk]

Originally Posted by Tcoat

Ontario law says that if they ask for your phone during an investigation you must provide it. They are legally permitted to access any and all information on it if it is unlocked and accessible. If it is locked then they must get a warrant to force you to unlock it. The trick there is that they can still hold it as evidence until they receive the warrant. This prevents people from changing or deleting info that is on it.

Doesn't prevent you from remote wiping it though, although I suppose that goes to tampering with evidence, and assumes they aren't smart enough to turn it off.

[Tcoat]

Originally Posted by Dadhawk

Doesn't prevent you from remote wiping it though, although I suppose that goes to tampering with evidence, and assumes they aren't smart enough to turn it off.

Also assumes it takes more then about 10 minutes to get a warrant. With on board computers and 24/7 on duty Justice of the Peace they can have a warrant in hand before you even know they know they needed one.

[V_86]

I think it extends to all of US, if not in California, police cannot search your phone anymore without a warrant.

[Tcoat]

Originally Posted by V_86

I think it extends to all of US, if not in California, police cannot search your phone anymore without a warrant.

Wouldn't know. OP, person saying wants a warrant and my response are all in Canada.
I would guess that in many US jurisdictions the response time to get a warrant for a phone search would also be measured in minutes these days. Not like when they had to spend hours or days doing paperwork and getting it signed.

[Mr.Impreza]

Originally Posted by Bergen23

If a cop asked me that, I'd tell him to go fuck himself or get a warrant.

I think if you literally said what you just wrote he would put you in handcuffs and sit you in the back of a patrol car until you calm down and then check to see if your under some substance.

Why not man up for texting? A bad move for not respecting the road rules.
I bet if someone hit your car and they said what you said to a cop for asking them to see there phone you would of made a thread about it here on the forum calling the guy a prick.

And even if you didn't show the phone...either way your in shit for hitting a parked car so I wouldn't swear at a cop...in fact you shouldn't ever disrespect a police officer. Who do you call when someone is breaking into your house or car etc?...911.

People sit there and talk shit about cops, yet they always call them whenever something is happening or happens. Why don't you say then "f the police, or tell them to go f themselves." when someone is putting you in harm.

They protect you everyday. Be thankful.

Move to Ukraine...then you will appreciate Canadian police officers.

[Bergen23]

Originally Posted by Mr.Impreza

I think if you literally said what you just wrote he would put you in handcuffs and sit you in the back of a patrol car until you calm down and then check to see if your under some substance.

Why not man up for texting? A bad move for not respecting the road rules.

And even if you didn't show the phone...either way your in shit for hitting a parked car so I wouldn't swear at a cop...in fact you shouldn't ever disrespect a police officer. Who do you call when someone is breaking into your house or car etc?...911.

People sit there and talk shit about cops, yet they always call them whenever something is happening or happens. Why don't you say then "f the police, or tell them to go f themselves." when someone is putting you in harm.

They protect you everyday. Be thankful.

Move to Ukraine...then you will appreciate Canadian police officers.

I know my rights, and I would NEVER admit guilt without a trial that PROVED me guilty. He can go ahead and throw me in cuffs for no reason, then he'll have a lot more on his hands than asking for my phone, which is password protected, and I wouldn't be so stupid as to leave evidence on my phone that would damn me right then and there.

I went to school to become a cop, no disrespect for them. I also serve in the military, but I don't expect a thanks for that, since it's a paying job. But I also know my rights. More people should as well.

[Premium 615]

Glad OP is ok, and no one was injured.

[Zhangy]

You know since our frs' are so low and drivers behind us can usually see right over our roof lines. The only probable ways to get rear ended is by a distracted driver or a really tall vehicle

[fridayfrs]

That sucks OP. I'd be a very unhappy person. Hopefully the offending old fart wasn't hurt. Stuff can be replaced but people can't be.

As for rights yes we should know them. How we choose to invoke them is key. Lately here there have been a lot of idiots that had content right and piss poor execution. The key is to DE-escalate while doing so. Most situations I've seen lately escalate and make things much worse. Cops are trained to ask questions where you may admit guilt. This is nothing new. The current opinion of US LEOs is very low right now because of some bad apples. Unfortunately for all cops those bad apples are really bad and all suffer the negativity. The majority are good people just trying to do a job and get home at night to their families. It's a tough job for crap pay.

Personally when I'm stopped (very rarely) I am pleasant and respectful, answer the questions that the law requires me to do so and keep my hands visible.

[Fishbed77]

If a cop asked me that, I'd tell him to go fuck himself or get a warrant.

Bergen23 is 100% correct here (aside from the language).

Why not man up for texting? A bad move for not respecting the road rules.

Because the 4th Amendment precludes this type of illegal search and seizure without a warrant.

While texting while driving may be a crime in your jurisdiction (and is stupid and irresponsible everywhere), the cop has no legal justification to seize your phone. Even if you were texting prior to the wreck, there is no way to prove it caused said wreck. Such illegally-obtained evidence is circumstantial at best.

Cops who do this are just fishing for additional fines/charges that most people will not show up in traffic court to fight.

[humfrz]

Point of information.

http://www.msnbc.com/msnbc/supreme-c...ivacy-searches


humfrz

[pushrod]

Originally Posted by Mr.Impreza

Who do you call when someone is breaking into your house or car etc?...911.

Originally Posted by Mr.Impreza

People sit there and talk shit about cops, yet they always call them whenever something is happening or happens.

Not all people take this approach.

[Tcoat]

Originally Posted by Fishbed77

Bergen23 is 100% correct here (aside from the language).

Because the 4th Amendment precludes this type of illegal search and seizure without a warrant.

While texting while driving may be a crime in your jurisdiction (and is stupid and irresponsible everywhere), the cop has no legal justification to seize your phone. Even if you were texting prior to the wreck, there is no way to prove it caused said wreck. Such illegally-obtained evidence is circumstantial at best.

Cops who do this are just fishing for additional fines/charges that most people will no show up in traffic court to fight.

That would be a great theory if we were in the US. In Canada if they suspect you were texting they have every legal right to seize your phone as evidence since it is an article used in the commission of a crime. The very fact that you were texting while driving is an offense even if they can not prove it caused the accident. They would of course have to prove you were though.

[Tcoat]

Originally Posted by humfrz

Point of information.

http://www.msnbc.com/msnbc/supreme-c...ivacy-searches


humfrz

Again a great piece of info if in the US.
And like I already said they can have a warrant in 10 minutes and can hold your phone as evidence until it arrives. Now the warrant would be very specific as to exactly what they can look at and use. In the case of an accident they could only look at the times of usage and even if you had 1,000 pics of your grow op and messages asking for 10 pounds of your best green they could not do anything with that info (although you can probably expect a surprise raid shortly thereafter)