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New bill NJ; Police can confiscate cellphones at accident scenes ,no warrant.

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posted on Jun, 10 2013 @ 09:54 PM
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Originally posted by Aloysius the Gaul


Do you trust the police anymore ?


mostly yes.
edit on 10-6-2013 by Aloysius the Gaul because: (no reason given)


If you trust the police well then there is a bad name you should be called.
But seriously, this Bill is not a good idea and I see all kinds of issues with it. I get the intent, people are morons 90% of them suck at driving and 100% of those that suck at driving suck even worse when you give them a phone they can use while driving. But what happens when Johnny wrecks his car while texting his pot dealer? Cop can look at the phone access the message and now Johnny just incriminated himself.




posted on Jun, 10 2013 @ 09:55 PM
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The east coast is getting pretty scary. I know people like to talk trash about the westcoast, but at least we still value freedom to some extent (well, ok, not california)



posted on Jun, 10 2013 @ 09:57 PM
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Driving is a privilege, not a right. Seems to me this is the argument legislators will use. Texting while driving is dangerous but so is eating a big mac, applying makeup, and many other antics I see drivers do. On a side note, how do cops do it to look at their computer while driving down the road?

Peace



posted on Jun, 10 2013 @ 09:59 PM
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reply to post by terriblyvexed
 


Say its raining ,and the street is oily . There's a red light,and you hit the brakes,but hydroplane ,and hit the bumper of the car in front of you .

You guys exchange info ,but there's no damage and you're going to just say bygones.
The cops pulls up ,and take your phone to their car and go thru it for 15 minutes. Most accidents are non fatal ,and fender benders. They will still be able to look thru everyone's phone ,for nothing.
This won't stop anyone from still doing it ,if adding all those points and fine hasn't.
This is not for any good reason . Not in NJ anyway .



posted on Jun, 10 2013 @ 10:00 PM
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reply to post by jam321
 


You can read a book or map while driving ,completely obliterating your view . This is legal .



posted on Jun, 10 2013 @ 10:02 PM
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reply to post by ShadellacZumbrum
 



Is there a way that something could be DisInvented?


If only... I hate the damned things. People are so rude with them. ...and I really don't need to listen to one half of a conversation whilst standing in a line waiting to pay for my groceries. Or while I'm attempting to communicate with said rude person while at work myself...

Does John Titor still have his time machine?



posted on Jun, 10 2013 @ 10:02 PM
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It give police a warrant less search of a phone if it is in a car. A person can get stopped for any made up reason. Will the courts throw out all evidence except evidence of texting while driving? Sounds like a good scheme to check out the activity of people who are being watched by the police.



posted on Jun, 10 2013 @ 10:04 PM
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I have nothing to worry about because whenever I'm drinking coffee, smoking and reading the daily news while driving - I never text.



posted on Jun, 10 2013 @ 10:05 PM
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If they've been data mining for 7+ years you can bet they'll ALWAYS do it, even after the current exposure is handled and Constitutional Justice served. Let this be a lesson from this moment on...mind what you say over a phone and computer and consider using cash over a debit/credit card.

I have nothing to hide. My life is pretty normal. I'm no threat to ANYONE. I'm like most people who just want to be left alone to live their lives as they wish, so as long as no one else gets hurt in the process...LEAVE ME ALONE!



posted on Jun, 10 2013 @ 10:05 PM
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Originally posted by roadgravel
It give police a warrant less search of a phone if it is in a car. A person can get stopped for any made up reason.


Not so - this applies to accident cases - that is quiet clear.



posted on Jun, 10 2013 @ 10:06 PM
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And the word confiscate means,you may not get it back .
The law is,cellphones are private property ,ergo,you need a search warrant and they are only searched in criminal cases.
Chris Christie is behind it apparently ,and let us not forget how close he is to Barry .
Let's see if theyctry to do it in NY next .



posted on Jun, 10 2013 @ 10:07 PM
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Originally posted by KeliOnyx


If you trust the police well then there is a bad name you should be called.


Yes - I know that "rational" is a bad word on here!!



But seriously, this Bill is not a good idea and I see all kinds of issues with it. I get the intent, people are morons 90% of them suck at driving and 100% of those that suck at driving suck even worse when you give them a phone they can use while driving. But what happens when Johnny wrecks his car while texting his pot dealer? Cop can look at the phone access the message and now Johnny just incriminated himself.


And what would be wrong with that?? He hasn't "incriminated himself" - police have found evidence of wrongdoing while carrying out a legal search for evidence



posted on Jun, 10 2013 @ 10:08 PM
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reply to post by PtolemyII
 


Unfortunately I am required by law to be able to make contact with the driver at any given second. So, leaving the phone in the office is Not an option.

And you are right what kind of idiot watches porn while driving. Well, .. Now you know.

After the accident I purchased Blue Tooth Headsets for All of the drivers.

Unfortunately because of the DOT laws, if a driver is caught texting while driving they receive a $2700 fine. AND then employer (Me) gets an $11,000 Fine. That is the FMCSA regulation.

I have already warned all of the drivers that if they are caught texting and driving I WILL respond in kind to the sum of what I believe is $11,000.
edit on 10-6-2013 by ShadellacZumbrum because: (no reason given)



posted on Jun, 10 2013 @ 10:09 PM
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Originally posted by PtolemyII
And the word confiscate means,you may not get it back .


confiscate is only in the heading of this thread - if you had read the article you would see it says "search" - there is no mention of confiscation at all!

I mean come on - yes the level of research on here is pathetic - but you could at least read the article that is linked to even if you don't look any further!!

edit on 10-6-2013 by Aloysius the Gaul because: (no reason given)



posted on Jun, 10 2013 @ 10:11 PM
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reply to post by terriblyvexed
 


Typically, here, they get the records of the nearest cell tower.

That way they are certain that nothing was erased from the phone.



posted on Jun, 10 2013 @ 10:13 PM
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reply to post by PtolemyII
 


It is Not for nothing IF you were texting and driving causing an accident.



posted on Jun, 10 2013 @ 10:13 PM
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reply to post by PtolemyII
 


Alright that's fair perhaps you were texting before you drove that would suck.

I have a Qualcomm that they can compare my drive time with the time of the text, but Qualcomms aren't the answer they're an invasion of privacy I don't support.

Still in most situations you could have a decent ideal if they were texting while driving.

If they have groceries in the car, and the nearest store is 3 miles away the cop shows up, and they say it just happened, and they have a text less than a minute ago, well I'd say they weren't paying attention.



posted on Jun, 10 2013 @ 10:14 PM
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reply to post by Aloysius the Gaul
 


Well rational isn't the bad word, but I digress. No it isn't a legal search. The spirit of the law is to establish if texting was a factor in the accident. It isn't meant to be a blanket to rifle through your phone to figure out what other crime you may or may not be committing. But it will certainly be used that way. Which puts this bill on the list of worst ideas ever. If we are gonna go that route, why even bother with the pretext let's just allow the police to walk up and snatch your phone and peruse it whenever they feel like it?



posted on Jun, 10 2013 @ 10:15 PM
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NJ car accident stats 2011

The count of accidents far exceeds 60,000

Only 106 of those were fatal .

So they will be able to look at 60,000+ phones,for probably a less than 400 major damage,injury ,fatal,total .
That's a lot of phones .

www.state.nj.us...

More here

www.njsp.org...
edit on 6/10/13 by PtolemyII because: (no reason given)



posted on Jun, 10 2013 @ 10:17 PM
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reply to post by terriblyvexed
 


If it's a wreck where texting should come into play, then it's either a criminal or civil matter already. In either case, the texting records are a part of the phone company records. It's where they've been pulling those from for years. Things like the commuter train crash in California awhile back? You don't think his phone still worked, do you? They just dumped his records from the cell provider and there are the text times and content to see for anyone with the right method of asking.

That is how it should be. However, I could have anything on my phone. Maybe I took some pics of a buddy's home garden with more than tomato plants as a joke ..and guess who just came to call it evidence? Oh..I'll have fun proving they weren't MINE I took a pic of, eh? Or.. Perhaps I'm with a protest group and the whole contact list for everyone is on my phone. What right is it of Deputy Dog to come and invade that privacy?

Or lets just be real basic here and say it shouldn't matter, as the 4th amendment says. If I've committed a true crime, then true sources of those records exist to pursue with legal probable cause displayed (or not....Ask the NSA apparently..lol)

@ EViLKoNCEPTz

I have to ask.... Would you risk the tampering charge for the looks on their faces to tell them what you'd done with your 1 phone call? (grin) That's a great little App you have there. Very creative and a solution, to be sure!







 
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