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  1. #61
    Can Police Confiscate Your Smartphone
    pigoo3's Avatar
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    This is not a "cut & dry" argument. If it was...we wouldn't be on page 4 of this thread!

    I'm sure we could stack up a 1000 lawyers on both sides of the argument...argue the case for 6 months...and still not be any closer to a conclusion that a majority of reasonably minded folks would find acceptable.

    The U.S. Supreme Court can rule on things one way. And in the years to come...the decision can be over-turned. Anything can happen.

    - Nick
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  2. #62
    Can Police Confiscate Your Smartphone

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    Quote Originally Posted by lclev View Post
    Yes, it is. I can be nice .... and call my lawyer....I didn't say I would be a pushover. After 30 years of public high school teaching, I have found being nice but, emphatically informing them as to the potential ramifications of their actions, works nicely. It allows for the potentially offending party to reassess their options.

    A-holes are everywhere. This does not mean I have to be one. Nothing is ever simple - humans are not simple but how I act in the situation can be my choice. If someone wants to violate my rights by going through my stuff with out a warrant just because he or she can well, my reacting like an a-hole will not help the situation. That's why they make lawyers.

    Lisa
    And sometimes, you may not want to be an a-hole back, but are pushed to it. Everyone has a breaking point. And some people can push buttons. It takes a very thick skin to keep calm with people who push buttons. Not everyone is capable of it. More power to you if you can stay calm at all times. ;-)

  3. #63
    Can Police Confiscate Your Smartphone

    Member Since
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    I think what one has to be particularly careful with is, for instance, the Geico option to keep your insurance ID on your smart phone. It seems that in this instance, one would be in effect giving police access to their phones. Plus, Geico (and others) has a history of working with police departments, specifically in supplying radar guns, though I don't have recent information.

  4. #64
    Can Police Confiscate Your Smartphone

    Member Since
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    From what I remember, law enforcement can look at the mirror image on your phone and you wouldn't even know it!

    This video says a lot about technology in the us.

    Next Future Terrifying Technology Will Blow Your Mind
    https://www.youtube.com/watch?v=JbQeABIoO6A

  5. #65
    Can Police Confiscate Your Smartphone
    Slydude's Avatar
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    Quote Originally Posted by jimchik View Post
    I think what one has to be particularly careful with is, for instance, the Geico option to keep your insurance ID on your smart phone. It seems that in this instance, one would be in effect giving police access to their phones. Plus, Geico (and others) has a history of working with police departments, specifically in supplying radar guns, though I don't have recent information.
    I am not a lawyer and haven't looked at the specifics of the recent ruling but I don't think that is the case. Suppose you are asked to produce proof of insurance and you show the officer a digital insurance ID. Other than to see the ID I don't think he would have the right to access other info on the phone.

    To me it is somewhat analogous to the "plain sight exception" that has been in place for some time. Suppose an officer comes to your door and asks to come in. You let him in and he notices something illegal in plain sight (sitting on a table for instance): You're probably going to get arrested. If that same situation occurs and the same illegal substance/object is hidden somewhere the officer does not automatically have the right to go looking in all the closets/cabinets etc. for it.
    Sylvester Roque Former Contributing Editor About This Particular Macintosh

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  6. #66
    Can Police Confiscate Your Smartphone
    chscag's Avatar
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    Keep in mind that regardless of what GEICO is advertising, digital proof of insurance may not be acceptable by your state. And don't get me started on GEICO.....

  7. #67
    Can Police Confiscate Your Smartphone

    Member Since
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    Geico et al...
    Quote Originally Posted by chscag View Post
    Keep in mind that regardless of what GEICO is advertising, digital proof of insurance may not be acceptable by your state. And don't get me started on GEICO.....
    Heh, seems like I already did. And good point on acceptance of a digital ID. I hope that an attorney chimes in on the legal and technical aspects of that. Regardless, I'd rather simply hand the officer a piece of paper.

  8. #68
    Can Police Confiscate Your Smartphone

    Member Since
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    Unless you have violated against any law by using your smartphone, then the phone shouldn't be confiscated. Lately, I've heard more news about phone confiscation. Mostly, they happen in schools.

  9. #69
    Can Police Confiscate Your Smartphone
    GrannySueSnaps's Avatar
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    What you need to do is have another device and if it is confiscated you can wipe it remotely!
    GrannySueSnaps
    Sue Stinnett
    http://grannysuesnaps.photos

  10. #70
    Can Police Confiscate Your Smartphone
    Slydude's Avatar
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    Quote Originally Posted by GrannySueSnaps View Post
    What you need to do is have another device and if it is confiscated you can wipe it remotely!
    I never thought of that. Just to throw a monkey wrench into things for interest. Consider the following:

    Suppose someone were actually able to do as you propose and wipe the device before a warrant is obtained. I suspect that a good computer forensic tech could recover the information. The DA handling the case would probably argue that this is evidence of guilt.
    Sylvester Roque Former Contributing Editor About This Particular Macintosh

    "Got Time to breathe. You got time for music." Denver Pyle as Briscoe Darling

  11. #71
    Can Police Confiscate Your Smartphone

    Member Since
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    yeah, then they will probably throw interfering with search and seizure or something other. I am told that even if you wipe it, that other mirror remains unchanged. Hmmm. ;-(
    Last edited by ankhseeker; 07-24-2014 at 02:57 PM. Reason: Dang typos

  12. #72
    Can Police Confiscate Your Smartphone
    GrannySueSnaps's Avatar
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    So the moral of this discussion is to not use technology to plan/discuss criminal activity or anything you might be embarrassed for others to know/see.
    GrannySueSnaps
    Sue Stinnett
    http://grannysuesnaps.photos

  13. #73
    Can Police Confiscate Your Smartphone
    vansmith's Avatar
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    Quote Originally Posted by GrannySueSnaps View Post
    So the moral of this discussion is to not plan/discuss criminal activity at all
    Fixed that for you - this seems like the more beneficial solution.
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  14. #74
    Can Police Confiscate Your Smartphone
    lclev's Avatar
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    Yeah, not only don't use your phone for criminal activities but don't take inappropriate pictures you don't want EVERYONE to see- which, unfortunately, is subject to personal interpretation. And, don't send text that would lend themselves to mixed interpretation. This is also hard because we all have different interpretations of just about anything. Sigh.... and they say technology makes our lives easier...who said that???

    Lisa

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