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Author Topic: MI search phones at traffic stops?  (Read 2324 times)
fudgie
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Better to be judged by 12, then carried by 6.

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« on: April 20, 2011, 11:38:16 AM »

http://www.thenewspaper.com/news/34/3458.asp

Any MI folks speak on this topic? Seems like they couldn't without RAS.
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RTaz
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Michigan...Home of InZane X -XI

Oscoda, Michigan


« Reply #1 on: April 20, 2011, 12:06:34 PM »

http://www.thenewspaper.com/news/34/3458.asp

Any MI folks speak on this topic? Seems like they couldn't without RAS.


this is the first I've heard of this....
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 RTaz
Dragon-6
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Copperas Cove Texas


« Reply #2 on: April 20, 2011, 12:43:18 PM »

It's not really an MI issue as much as it is a forensic tool being used in a manner that would require a warrant, if you can believe what you read in this news article.  We use a similar device all the time, with consent or a warrant, otherwise we can't use what is recovered for prosecution.
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Kaiser
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Gainesville, FL


« Reply #3 on: April 20, 2011, 12:58:51 PM »

Looks like a Nintendo Gameboy.

Where can I get one?
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Bobbo
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Saint Charles, MO


« Reply #4 on: April 20, 2011, 01:06:23 PM »

Since the cell phone has to be plugged into this device, couldn't you simply refuse to give your phone to the officer?
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RTaz
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Michigan...Home of InZane X -XI

Oscoda, Michigan


« Reply #5 on: April 20, 2011, 01:09:10 PM »

..it may have something to do with our anti-texting while driving laws ?
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 RTaz
BradValk48237
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Oak Park, MI


« Reply #6 on: April 20, 2011, 01:40:45 PM »

I didn't know about it..but haven't been stopped lately!?!??!?

Might be like Taz said about the no texting law.....
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bigvalkriefan
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On the green monster

South Florida


« Reply #7 on: April 20, 2011, 01:48:54 PM »

Since the cell phone has to be plugged into this device, couldn't you simply refuse to give your phone to the officer?

From what I've heard they can't take your phone without a warrant, all you have to do is refuse to hand it over. If you do hand it over voluntarily does that mean anything they find incriminating can be used in court?
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fudgie
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Better to be judged by 12, then carried by 6.

Huntington Indiana


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« Reply #8 on: April 20, 2011, 02:16:30 PM »

Since the cell phone has to be plugged into this device, couldn't you simply refuse to give your phone to the officer?

From what I've heard they can't take your phone without a warrant, all you have to do is refuse to hand it over. If you do hand it over voluntarily does that mean anything they find incriminating can be used in court?

Yes. My luck someone would send me a off topic text pic and get me busted!  Embarrassed
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fudgie
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Better to be judged by 12, then carried by 6.

Huntington Indiana


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« Reply #9 on: April 20, 2011, 02:18:52 PM »

Since the cell phone has to be plugged into this device, couldn't you simply refuse to give your phone to the officer?

You think if you used your 4A right you would be good to go. Most dont or cops try and get around it, esp if you dont know the 4A.
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VRCC-#7196
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MP
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1997 Std Valkyrie and 2001 red/blk I/S w/sidecar

North Dakota


« Reply #10 on: April 20, 2011, 02:26:22 PM »

"Just say NO"

Anytime the cops ask for ANYTHING,  Just say "NO".

Do NOT cooperate.  Do NOT volunteer anything.

I hate to say it, but in todays world that is what we need to do.  I support the police, but there are some bad one's out there, and this is the only way to help yourself.

If they go ahead and do something after you say no, do NOT try to stop them.  Let the lawyers and the judges figure it out later. Never argue with a gun!  Be polite, be calm.

But, if you give your consent, you have just given up all your rights.

Just say "NO".

MP
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Jess from VA
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No VA


« Reply #11 on: April 20, 2011, 03:23:04 PM »

Excellent advice MP. 

I am mostly law and order all the way.... but consenting to searches of any kind is not smart.

[Small drift.  Holy smokes, our County is now on a 3-week rampage of traffic enforcement.... I saw more cops in a three hour ride today than I've seen collectively all Winter long (I didn't even know we had that many).  Hiding in every corner, bikes, lidar, radar, unmarked, empty cars on the side of the road, signs, (my favorite "50 means 50").  I thought about just surrendering and turning myself in..... but naaa.] 
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Gear Jammer
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Magnolia, Texas


« Reply #12 on: April 20, 2011, 04:10:26 PM »

Excellent advice MP. 

I am mostly law and order all the way.... but consenting to searches of any kind is not smart.

[Small drift.  Holy smokes, our County is now on a 3-week rampage of traffic enforcement.... I saw more cops in a three hour ride today than I've seen collectively all Winter long (I didn't even know we had that many).  Hiding in every corner, bikes, lidar, radar, unmarked, empty cars on the side of the road, signs, (my favorite "50 means 50").  I thought about just surrendering and turning myself in..... but naaa.] 

Same thing in TX between Houston and Dallas every day for two weeks now  Undecided    And offer no info, answer only those questions that are relevant with as few words as possible, and maintain a passive  indifferent gaze. You can't be prosecuted for what you DON'T say or do.
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Hoser
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child of the sixties VRCC 17899

Auburn, Kansas


« Reply #13 on: April 20, 2011, 06:23:34 PM »

If a LEO asks if you mind if he searches your car or bike and you let him, thinking he won't since you gave permission, YOU ARE GONNA GET YOUR CAR OR BIKE SEARCHED!  It is known as a fishing expedition.  If you deny permission you will be sent on your way. Been there done that.  Shocked  Hoser
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fudgie
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Better to be judged by 12, then carried by 6.

Huntington Indiana


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« Reply #14 on: April 20, 2011, 08:08:50 PM »

On a related kinda off topic note, who pays for the damages to your car/bike when they send in the dog to search? Watched a bike get clawed on all the bags by a dog in Spearfish canyon in 06. Sure they were smoking weed at the time but dam that dog did some scratches.  Undecided
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Saw
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« Reply #15 on: April 21, 2011, 12:12:54 AM »

If you are stopped, when asked to exit your vehicle, remove the keys and LOCK the doors. If you are on your bike and you have hard bags keep them locked. If you are stopped and ask if they can search your bike or vehicle, politely tell the officer or officers you know you rights and decline the search. If they insist ask what their probable cause is. If they don't have good probable cause DEMAND a warrant and your lawyer.If they tell you they are going to bring in a dog to sniff out your vehicle,tell them that you are prepared to sue there department and the officers for any and all damages caused by there animals. And also demand the highest ranking officer on duty in that jurisdiction. Also make sure that your cell phones are in the saddle bags or out of sight in your vehicle.But always be polite
Thanks

Saw   
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Walküre
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Oxford, Indiana


« Reply #16 on: April 21, 2011, 12:36:22 AM »

On a related kinda off topic note, who pays for the damages to your car/bike when they send in the dog to search? Watched a bike get clawed on all the bags by a dog in Spearfish canyon in 06. Sure they were smoking weed at the time but dam that dog did some scratches.  Undecided

Sadly, used to be, they'd just sit and wait, keeping you there, until they DID get a warrant, or you relented, or they figured out a "probable cause". Never had anything to hide, so I let them waste their time (my ex roomie had been busted with quite a stash of "goodies", so they'd follow and stop me, even though I had moved to a different town and county).....

.....until one time in the desert, that I let them search - "Go ahead, a--h-le!". Ooops. They took the entire car apart, piece by piece, seats out, door panels off, center console out, spare tire deflated and seal broken, trunk panels out - you name it! Had a huge pile sitting next to car. My girlfriend and I just sat there, watching in amusement. When they were convinced they weren't going to find anything, they politely said "See you later...". I asked who was going to put my car back together, and they told me THEY weren't, because I gave them permission. Never pursued it, after asking one of the Border Patrol agents who worked with my dad (couldn't ask HIM, of course!!), and he told me I was pretty much S.O.L.

Never again...

R
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Roger Phillips
Oxford, IN
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wdvalk
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Katy Texas


« Reply #17 on: April 21, 2011, 02:35:12 AM »

this country does not feel like freedom any more.seems like our rights are being intruded on a little more every day.
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Jess Tolbirt
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Posts: 4720

White Bluff, Tn.


« Reply #18 on: April 21, 2011, 04:22:51 AM »

On a related kinda off topic note, who pays for the damages to your car/bike when they send in the dog to search? Watched a bike get clawed on all the bags by a dog in Spearfish canyon in 06. Sure they were smoking weed at the time but dam that dog did some scratches.  Undecided

Sadly, used to be, they'd just sit and wait, keeping you there, until they DID get a warrant, or you relented, or they figured out a "probable cause". Never had anything to hide, so I let them waste their time (my ex roomie had been busted with quite a stash of "goodies", so they'd follow and stop me, even though I had moved to a different town and county).....

.....until one time in the desert, that I let them search - "Go ahead, a--h-le!". Ooops. They took the entire car apart, piece by piece, seats out, door panels off, center console out, spare tire deflated and seal broken, trunk panels out - you name it! Had a huge pile sitting next to car. My girlfriend and I just sat there, watching in amusement. When they were convinced they weren't going to find anything, they politely said "See you later...". I asked who was going to put my car back together, and they told me THEY weren't, because I gave them permission. Never pursued it, after asking one of the Border Patrol agents who worked with my dad (couldn't ask HIM, of course!!), and he told me I was pretty much S.O.L.

Never again...

R

exact same thing happened to me in new jersey back in 72,,,,i was left sitting on the side of the garden state parkway with a 60 model impala convertible with everything that could be removed in a pile,,,they just said ok your clean and left.....musta been the texas tags!!
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~ Timbrwolf
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Northern Michigan VRCC # 8533


« Reply #19 on: April 21, 2011, 04:40:48 AM »

. . ...first Ive heard of it also. But I will tell you this. Michigan police from the local sheriff to the Stateys, are some of the most easy going, liberal cops I have even delt with. When I first moved here, we,d be going out to dinner on the bike, and that usually entailed going 25 miles, either north or south. Being from New Jersey, I kept looking for those sneaky stateys on the interstate. I never saw any. Soon we were screaming through the woods at 100 mph ! Id travel 25 miles in about 20 minutes...lol.


I have been pulled over though more in the last 6 years here, then in the last 25 back in jersey....usually for speeding (surprise)....I did get one ticket though ....for speeding on my birthday...4 years ago. That was in Kalkaska County. A County anyone who is comming to Inzane this year will be riding through....mind your speed passing thru there.

Chili and I were pulled over up in the UP this past winter by the State Police. Speed limit was 55 and Chili wa doing 72 mph. We were deep in the woods in the middle of no where, when all of a sudden he got us comming the other way. He checked Chili,s paper work and gave her a short lecture on her Insurance company not being happy, if she got a speeding ticket, then looked at me and said kind of condenscendingly...do you think you could put your seatbelt on ? Then he let us go with a warning. Thats why it surprises me that they would be so hard nosed over an issue like this, although I do know that ALL cops in Mi are short on cash.


Easy way around this Fudgie is to just delete those picz ya took at Sturgis last year.  Cool
« Last Edit: April 21, 2011, 04:42:28 AM by ~ Timbrwolf » Logged

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ptgb
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Youngstown, OH


« Reply #20 on: April 21, 2011, 05:00:22 AM »

Do you honestly think that 99.99% of the cops out there really give a crap about what is on the cell phone of 99.99% of the population out there???

I hate to break this to you... after 20 years of being in that business ( police )... this is just another example of chicken little, b.s., "pseudo-media" hype. Pure and simple.

Trust me... if you are pretty much going about your business and you don't attract attention to yourself by purposely causing uber-grief to others around you (including the police)... your text messages are safe from scrutiny by those jack-booted thugs.

« Last Edit: April 21, 2011, 05:04:35 AM by ptgb » Logged



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Willow
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Olathe, KS


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« Reply #21 on: April 21, 2011, 05:52:47 AM »

Trust me...

Has a familiar ring, doesn't it?   2funny 

You're right, ptgb, although I think your percentages are off just a bit.  Unfortunately it's little consolation to the one who encounters the .01 % (or .5% or 2%). 
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ptgb
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Youngstown, OH


« Reply #22 on: April 21, 2011, 06:13:51 AM »

Trust me...

Has a familiar ring, doesn't it?   2funny  

You're right, ptgb, although I think your percentages are off just a bit.  Unfortunately it's little consolation to the one who encounters the .01 % (or .5% or 2%).  



Definitely the percentages could be off, but they remain very, very, very low... there is always that outlier... the previously referred to "jack-booted thug". But, trust me ( Wink)... the other cops can't stand them either... they make us all look bad.

I will maintain though, for pretty much everybody, the text message from your wife to pick up milk on the way home from work is safe from State Police scrutiny  Undecided - so no worries.
« Last Edit: April 21, 2011, 06:21:03 AM by ptgb » Logged



Lower Lakes 1000 - 07/07 & 09/10 * Bun Burner GOLD - 09/10
Lake Superior 1000 - 07/11 * Lake Michigan 1000 - 09/11 * Lake Huron 1000 - 09/11
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Willow
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Excessive comfort breeds weakness. PttP

Olathe, KS


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« Reply #23 on: April 21, 2011, 06:25:32 AM »

But, trust me ( Wink)... the other cops can't stand them either... they make us all look bad.
 

We agree.   cooldude  I've never been overly concerned with protecting myself from the good cops and yes.  Yes, they do.   Cool 
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Bonzo
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« Reply #24 on: April 21, 2011, 07:37:05 AM »

I never let them search anything. The Staties around here can be very aggressive.  They have pulled over every Bike that has passed them on road stops.  Now when I had my accident last week, the local guys were above and beyond nice.
 I have been stopped twice by Staties, very late at night for bogus reasons, "fishing" for a DWI bust. Once I was told I came close to the double yellow line,  and I asked how close with a smile on my face and that annoyed him. When asked when was the last time I had a drink I answered truthfully, August 2, 1981, he handed my papers back to me and left without a word.
The best was a 45 minute paper check on the side of the Palisades Parkway and I refused to give them my Social Security number or allow them to search my vehicle all in a jacket and tie, at 4 PM and in a Neon! I did ask for a supervisory officer and was told I could leave 5 minutes latter. I called in a complaint, but never went to their barracks.
Bottom line, I never volunteer anything.
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~ Timbrwolf
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Northern Michigan VRCC # 8533


« Reply #25 on: April 21, 2011, 08:08:18 AM »

. ....when I lived in NJ I was riding my bike one night down the Interstate after dinner....was nice summer night, traffic was light...I happened to look to my right and saw a Gold Wing laying out on its side out in a field.....so I hung the next jug handle...swung around and came back around...by the time I got there..(less then 5 minutes)...a NJ State Trooper had pulled up and the guy was out of his car standing on the edge of the road...looking out at the bike...I walked over and guess I started him...he turned quickly and I promptly told him that I had seen the bike and swung back around to see if there was anything I could do....he looked at me and sneered....get the f*ck out of here....i was stunned...I stood there looking at him for a second and he repeated....I said get the F*ck out of here ! ....and he got this twisted little smile on his face....so I turned and left...NJ State Troopers have a well deserved reputation of being hard asses...and racist among other things...Ive been in the fast lane on the Interstate doing 60 in a 55...and look in my rear view...there drafting about an inch off my ass would a SP Cruiser....he wasnt there a split second ago....he must have been doing 90....Id quickly pull over and get out of his way and he,d dissapear in the blink of an eye...Ive seen them do that to others also...

....check this pic out and tell me who they remind you of...


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Walküre
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Nothing beats a 6-pack!

Oxford, Indiana


« Reply #26 on: April 21, 2011, 10:51:23 AM »

Barney Fife? The Bluebirds? Smurfs? Good Humor Men?

I give up... 

Funny on the trolling...I ALWAYS stop 100% at stop signs - if I was the last person on Earth, and came up to the ONLY stop sign in existence, I'd stop. Period. Pisses all my friends, and the"runners"behind me off. Had a State stop me at 1:00 am, coming homes from work, 1/4 mile from home, small town of 1200, on a small state maintained road. Ok, looking for drunk drivers - I hate them on the roads. But he used the excuse that I rolled through one of the few stop signs in town. And got really pissed when I called him a liar, and told him I could wake a dozen people up, right then, and they'd tell him exactly how wrong he was. He wouldn't admit it, and was glowing red, but told me just to go home. When you're right, you're right...
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1999 Valkyrie Interstate
2000 HD Dyna Wide Glide FXDWG

Roger Phillips
Oxford, IN
VRCC #31978

Yeah, what she said...
Bobbo
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Posts: 2002

Saint Charles, MO


« Reply #27 on: April 21, 2011, 11:00:10 AM »

....check this pic out and tell me who they remind you of...

I see they are wearing black bands on their badges.  Was this a funeral or memorial observation?
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Walküre
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Nothing beats a 6-pack!

Oxford, Indiana


« Reply #28 on: April 21, 2011, 11:12:52 AM »













And, to keep it cycle-related...



Still can't think of anyone else...
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2000 Valkyrie Standard
1999 Valkyrie Interstate
2000 HD Dyna Wide Glide FXDWG

Roger Phillips
Oxford, IN
VRCC #31978

Yeah, what she said...
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