W9NES
Member
Rdale, Please ***Note in the story about Michigan State Police***and what they can do!!!!!
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W9NES
Member
Rdale, In Indiana only they(Police also known as Sheriff, State Police, City Police) are checking cell phones when they make a traffic stop.Again if they hear Police Radio Traffic coming from the car they can SEARCH the car without a WARRANT.You did not Read the story.Read it again.This story from CNN deals with Laws in states including MICHIGAN.
W9NES
Member
No Rdale,I do not believe you in any way,size, shape, or from.You are not a Lawyer and you have not passed the Michigan Bar Exam to practice law in the State of Michigan.
W9NES
Member
You can be arrested in Indiana Rdale for violation of Indiana IC CODE 35-44-3-12 and if they have a reason TO SEARCH the car this does come into view.
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Wow - ever heard of condensing? In Michigan they can only use the "cellphone scanner" if they have already arrested you.
Your earlier claim was that Indiana police were stopping people and opening up their cellphone app list. That's 1) illegal under any state's laws and 2) untrue. The link you posted clearly said that they are searching cellphones of people that have been arrested.
Slow down and just read sometimes. If you get confused, read again. The officer who told you that he's stopping people just to check their phones was pulling your leg.
W9NES
Member
Wrong again Rdale Confused? Law Enforcement officers ARE checking cell phones in Indiana when they are making traffic stops.It is callled Selective Enforcement.Please feel free to call Indiana State Police Operations along with Indiana State Police Legal Section.You need to just slow down and read what has been posted about what is going on in Indiana.You are not a Lawyer or legal assistance licensed in the State of Michigan, You have never taken the Michigan Bar Exam and the Officer that told me about this has been with The Indiana State Police for 20 years and is assigned to Marion County/Northwest who does active DUI enforcement along with being a Indiana State Trooper.Once again you need to deal with real issues and you are not a legal resident in Indiana.You live in Michigan.You should be aware of what Michigan State Police and other Departments in Michigan are doing.Michigan Law has no merit in Indiana.Indiana law is on the books for a reason,For all Indiana residents to follow.I would recomend that you be**Carefull on the giving of Legal advise to others*** as once again you are not a legal Representive of the State of Michigan, you do not represent The State of Michigan in any current or past legal decisions that have been handed down from The Michigan Surpreme Court.Again we are dealing with ****Current Indiana Law IC 35-44-3-12*** Not Michigan, Not California, Not Ohio, Not any othe state.ONLY INDIANA.....
GTO_04
Member
Good point, and one that has mostly been overlooked in this thread. Using the app didn't help the criminal. They got caught anyway!
GTO_04
Not so, Rdale... in a day when police are able to pull people over for "distracted driving" and texting while driving is against state law, you're darn tootin' they can check your cell phone to see what apps are running when you have the phone within arms length.
It's not a matter of "opening an app list", it's a matter of seeing what apps are already open when they approach you. (*and as a side note, not that anyone has brought this up already: making furtive motions to hide your phone? BAAAAAAD idea... I've known people that have been forcefully removed from their car and searched for making such bad moves. But, I guess you've already made up your mind that you're gonna do whatever the h### you want to do, right?)
As for the arrest, when you turn your smartphone into a scanner by installing an app, the police DO have the power to arrest you, and expand the search beyond the scope of the initial stop-especially if the initial stop is for conduct involving your cell phone.
iamhere300
Member
Neither Michigan, nor Indiana can search a cell phone without PROBABLE cause.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
This is from the fourth amendment to the Constitution of the United States. Have you heard of that?
Now, if an arrest is made, the path is a little clearer, but still subject to debate.
A preliminary search can be made during a traffic stop for items that may be deemed detrimental to officer safety - but a scanner app on a phone does not justify, this search is for guns, knifes, thermonuclear devices, etc. It is done visually, not invasively. It also must be confined to the area easily reached.
A warrantless search of a cell phone, premised upon an arrest may or may not hold up in court - that is the province of the judge.
You will notice in the example you sent the link to, Michigan only uses that cell phone scanner AFTER an arrest. There is no
What Is Probable Cause?
Notice it says that evidence found during a search or seizure without probable cause may NOT be used as evidence against that person.
Insofar as Indiana, there is no proof other than your hearsay that warrantless searches are being made of cell phones during routine traffic stops.
W9NES
Member
Have you ever heard of PROBALE CAUSE? When a LEO has Probale Cause when he hears Police Radio Traffic comming from the passanger compartment of the vehicle that has been stopped.He can do a search of the vehicle without getting a search warrant.The case in Kentucky does hold merit in view of this case.The LEO Made a Traffic Stop,***Here is THE PROBALE CAUSE***When the officer approached the vehicle he heard Police Radio Traffic comming from the passanger compartment of the vehicle.After the search was made the LEO found a cell phone that was RECEIVING POLICE RADIO TRAFFIC ON THE VIOLATORS CELL PHONE. Sorry,When a Indiana State Trooper that has been on the Indaina State Police for 20YEARS and has had the most DUI stops on the Northwest Side of Indianapolis and is a Family Friend for years would not LIE or Pull my leg..Jamhere 300,Are you a Lawyer? have you Passed The State Bar exam to practice law in your state?.When a LEO has PROBLAE CAUSE He can search the vehicle as he does not need a search warrant for a warrantless search.
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Do you mean probable cause? Yes.
That's not what you said. You said that Indiana police are going around and checking cellphones for the app.
Plus what sort of idiot would leave the streaming audio on when he's pulled over? Just as dumb as leaving the scanner on. Common sense shouldn't be that uncommon.
You can't change your story after your facts are proven wrong.
iamhere300
Member
Nice backpedal there Tim.
So, NOW you are stating that the officer has to hear scanner traffic before going through the phone. That would make sense - that is PROBABLE CAUSE. (Not sure what "PROBALE" cause is, I thought a typo until I saw it 4 times).
But thats not what you originally said Tim. You first said that they were doing it just on a routine traffic stop, NOT when they had legal probable cause to go forward with a LEGAL search.
You are comparing apples to oranges. Yes, if an officer makes a traffic stop, and has reason to believe that there is a crime in progress, he has the right to investigate. He would look for a scanner, then look at other options.
And no, I am not an attorney, nor do I play one on TV. I did play with one once while we were dating, but that is more a story for the tavern and not here. She was licensed to practice in Indiana in fact.
OK :lol:
While entertaining, we're going in circles now. If there is a change or update we can revisit this topic again as there will be more to discuss..
While entertaining, we're going in circles now. If there is a change or update we can revisit this topic again as there will be more to discuss..
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