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View Full Version : Your 'privilege' to drive may soon include warrantless cell phone access.




phill4paul
01-18-2016, 06:24 AM
BARRE CITY, Vt. - On a cold, sunny Thursday afternoon, Deputy Jean Miguel Bariteau of the Orange County Sheriff’s Department spots the driver of a red hatchback using his cell phone. When Bariteau pulls him over, it's a straightforward call to write a ticket. He saw the driver use his phone, and the young man behind the wheel admits it.

If the man behind the wheel had denied violating Vermont's distracted driver law, checking the phone records would have helped the deputy make his case. But a search like that requires a warrant.

Lawmakers want to make it easier for officers like Bariteau to enforce Vermont’s 2014 ban on using hand-held devices while on highways. They’re asking Vermonters to give up some of their privacy in exchange for safer roads. But even the chief sponsor of the bill said he hasn’t “really thought about” what, exactly, would be fair game for a warrantless search under his bill.

H.527, introduced by Rep. Martin LaLonde, D-South Burlington, would allow law enforcement officers to see a driver's phone or other electronic device, to see if it was being used. LaLonde said he doesn’t intend for police to be able to take a person’s phone back to his squad car and rummage through it.


LaLonde’s bill is an amendment to the 2014 ban, and like that act, it refers to “portable electronic devices.” Opponents worry this could lead to searches of tablets and laptops as well as phones. LaLonde said he’s primarily concerned about texting, but cares more about the “activity” of distracted driving, no matter what the device


LaLonde said he looked at the precedent of breathalyzer tests. Anyone who drives a vehicle on a highway in Vermont is implied to have given consent to take a breath test if an officer suspects him of driving drunk. Refusing to do so can be introduced as evidence in a criminal proceeding.


Under LaLonde’s bill, a driver who refuses police access to his phone would get the same penalty he’d get if he was, in fact, texting. The bill also expands the definition of texting to include voice-activated texting, which is no less distracting than texting by hand, according to the Vermont Highway Safety Alliance.

LaLonde's bill is not the only one that tackles the issue of implied consent as it relates to driving. Another proposed bill would amend the implied consent provision of Vermont’s existing drunk driving law so that a test would be required of a driver who was involved in a collision that caused a serious injury or death. As the law reads now, police need reasonable suspicion that the driver has alcohol or drugs in his system to administer a breathalyzer.


“We may be headed toward treating a smartphone like an open bottle of alcohol,” he said. Having a phone out, instead of in a glove box or in the trunk, is too tempting, he said.


As for Rep. LaLonde, he said the idea of a cop asking to see his phone doesn’t bother him.

“Personally, if I’m in a car and I’ve been text messaging, I should expect narrow privacy,” he said.

http://www.usatoday.com/story/news/nation-now/2016/01/17/warrantless-cell-phone-searches/78938740/

kpitcher
01-18-2016, 10:52 AM
What's next, the ability to force regurgitation to prove that the driver was distracted from eating?

presence
01-18-2016, 10:59 AM
Reason why cellphones are actually cattle tags number 90872349058723094

Dr.3D
01-18-2016, 11:09 AM
I can just see it now. The cops call the person they are following and when he answers the phone, they pull him over.

GunnyFreedom
01-18-2016, 11:23 AM
So I guess all the cars that ship with hands free bluetooth interfaces are illegal by default now?

Are GPSs going to be made illegal too?

What if I have a windshield mount for my phone and use Waze as my GPS? After all, I'm looking at my phone.

SMDH

specsaregood
01-18-2016, 11:32 AM
sounds like phones need a plausible deniability setting that shows a fake interface and hides the real data/usage.

ChristianAnarchist
01-18-2016, 11:34 AM
Looking like driving without a "license" is the only way to claim your rights now...

rg17
01-18-2016, 12:42 PM
Any kind of licence is unconstitutional!

osan
01-18-2016, 03:00 PM
And the stone continues its downhill roll.

osan
01-18-2016, 03:04 PM
So I guess all the cars that ship with hands free bluetooth interfaces are illegal by default now?

Are GPSs going to be made illegal too?

What if I have a windshield mount for my phone and use Waze as my GPS? After all, I'm looking at my phone.

SMDH


Wait until they pull you over because they suspect you were distracted by the pain and itch of your asshole and think they saw you scratching.

"I'm sorry Mr. Gunny, but I am going to have to do a 'sniff' test of all your fingers. No sir, you do not have a choice in the matter. We will sniff your fingers, the only questions remaining being whether we do it with you conscious, and whether you will be going to jail tonight. Your choice."

bunklocoempire
01-18-2016, 04:05 PM
Show me improved road surfaces FIRST you idiotic do-gooder gnats with guns. (you won't)


Unfortunately, due to the many aging and poorly maintained roads in Orange County, motorcycle accidents caused by potholes and road debris are relatively common. Sean M. Burke (http://www.ocinjury.com/blog/2014/06/17/motorcycle-accidents-caused-by-potholes-145300) expertly handles litigation arising from such accidents and has helped many injured bikers and their families obtain the full measure of compensation to which they are entitled. If you or a member of your family has been injured in a motorcycle accident caused by a pothole or road debris, or if you have tragically lost a member of your family in such an accident, Mr. Burke can help you, too.

Must be a real thing you sluts of law.

EDIT Wrong Orange County... or is it? lol Public roads is public roads.

GunnyFreedom
01-18-2016, 04:58 PM
Wait until they pull you over because they suspect you were distracted by the pain and itch of your asshole and think they saw you scratching.

"I'm sorry Mr. Gunny, but I am going to have to do a 'sniff' test of all your fingers. No sir, you do not have a choice in the matter. We will sniff your fingers, the only questions remaining being whether we do it with you conscious, and whether you will be going to jail tonight. Your choice."
http://i.imgur.com/99wwpFv.gif

jmdrake
01-18-2016, 05:10 PM
So I guess all the cars that ship with hands free bluetooth interfaces are illegal by default now?

Are GPSs going to be made illegal too?

What if I have a windshield mount for my phone and use Waze as my GPS? After all, I'm looking at my phone.

SMDH

You know cops are trying to get states to pass laws banning the Waze app altogether because it helps people point out speed traps.

jmdrake
01-18-2016, 05:10 PM
//

Anti Federalist
01-18-2016, 06:27 PM
Land of the free...

Working Poor
01-18-2016, 06:32 PM
I don't have one I hate them.

RJB
01-18-2016, 06:38 PM
http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2014/07/10551906_10203380470865365_1816465221_n.jpg

paleocon1
01-18-2016, 06:38 PM
Well folks that's Vermont. They are willing to have a Stalinist like Sanders as a US Senator. Seems to me they have chosen their Big Brother nightmare

GunnyFreedom
01-18-2016, 06:38 PM
You know cops are trying to get states to pass laws banning the Waze app altogether because it helps people point out speed traps.

Yeah, I've heard that. Who needs that dusty old "first amendment" thing anyway eh?

EBounding
01-18-2016, 07:28 PM
http://tftppull.freethoughtllc.netdna-cdn.com/wp-content/uploads/2014/07/10551906_10203380470865365_1816465221_n.jpg

Hey, he's highly trained and went to cop college.

Mach
01-18-2016, 08:17 PM
Encryption App popularity skyrockets.

morfeeis
01-18-2016, 09:19 PM
I know someone already pointed this out but again, seriously!

http://www.gannett-cdn.com/-mm-/60c3b53443b8cd9891993db573be9fe252d7a470/c=409-239-2329-1682&r=x513&c=680x510/local/-/media/2015/09/11/USATODAY/USATODAY/635775767198778058-DG016-120CHm6nthc00uepmdhndr4bbenl2rb.jpg