I have heard from a few people now that the Brandon Police Service is now asking to see your cell phone in check stops. Does anyone know if this is legal???

Who cares!

lookin to c what time u were on the phone......glad they are doin it!!

Personally, I feel it's an invasion of privacy.  
 
I believe I have the right to refuse. They cnt charge you if they didn't see you using it. For all they know 2 mins ago you were parked.

seriously? I'd be looking into this to see if that is legal...

how it would be legal. I completely agree with fining people for cell phone use and cracking down on it and all but I don't like the way they do it. It is basically their word against yours, my dad was pulled over for using his cell phone one day.. he did not even have it in the car. He told the officer to search him and the car if he wanted. The officer did not.  
But it shows that they can be wrong. Anyway is the only way they actually charge you if you have calls or outgoing texts at that time?

There is absolutely no way that's legal, and if the gov't tries to tell you it is there is absolutely no way that would hold up before the Supreme Court.  
 
That is absolutely an invasion of privacy and there's no way I'd hand over my phone.  
 
And how would they prove you were in the car when you sent that text 2 minutes ago? Maybe you sent it right before you pulled put of you parking spot at Wal Mart? Or maybe you pulled over to let you hubby know you picked up supper?  
 
This is straight up bull  
 
EDIT: People need to remember, just because a cop says he can do something doesn't mean they can. They use people's ignorance of their rights and the laws to break the rules to issue tickets all the time  
 
Edited by No Name Needed, 2012-02-28 11:53:48

DeSoto Sam said "Who cares! "

If you've got nothing to hide, why not let the cops stop by once a month and search your house top to bottom? Might as well if you've got nothing to hide right?

As of right now, I believe you can refuse and they technically need a warrant to look at your phone. Which is why they request to see it, and if you willingly give it to them they're allowed to check it. I heard that Harper was trying to pass a bill that could allow police to look at cell phones without a warrant.  
Basically, if you have nothing to hide, then who cares, let them see it. If you were texting at that last light though, I'd refuse and let that be your warning not to do it again.  
Personally, I see it as the BPS trying to keep the streets safer by reducing the amount of accidents caused by texting and such while driving. They're not doing anything wrong or illegal.

...don't think they are and I don't think it is legal.  

Lessthanthree said "As of right now, I believe you can refuse and they technically need a warrant to look at your phone. Which is why they request to see it, and if you willingly give it to them they're allowed to check it. I heard that Harper was trying to pass a bill that could allow police to look at cell phones without a warrant.   Basically, if you have nothing to hide, then who cares, let them see it. If you were texting at that last light though, I'd refuse and let that be your warning not to do it again.   Personally, I see it as the BPS trying to keep the streets safer by reducing the amount of accidents caused by texting and such while driving. They're not doing anything wrong or illegal. "

What about when they tell a teenager they HAVE to turn the phone over? Just like my sister was told she HAD to pop the trunk and let them search the car without due cause? That her license would be suspended if she refused? (RCMP Virden not BPS)  
 
Then are they not doing anything illegal? People need to educate themselves on their rights

sure a lot of people getting worked up over something we don't even know if it is fact or not.  
 
But, if you have nothing to hide and it is fact, who cares.

No Name Needed said "    Lessthanthree said "As of right now, I believe you can refuse and they technically need a warrant to look at your phone. Which is why they request to see it, and if you willingly give it to them they're allowed to check it. I heard that Harper was trying to pass a bill that could allow police to look at cell phones without a warrant.   Basically, if you have nothing to hide, then who cares, let them see it. If you were texting at that last light though, I'd refuse and let that be your warning not to do it again.   Personally, I see it as the BPS trying to keep the streets safer by reducing the amount of accidents caused by texting and such while driving. They're not doing anything wrong or illegal. " What about when they tell a teenager they HAVE to turn the phone over? Just like my sister was told she HAD to pop the trunk and let them search the car without due cause? That her license would be suspended if she refused? (RCMP Virden not BPS)     Then are they not doing anything illegal? People need to educate themselves on their rights "

they always searched the car and the trunk for alcohol. No questions asked.

I agree that i dont think it is legal but i had a close friend get pulled into a check stop last night. She says they now have to "stations". The first you give your info, DL, insurance ect. then they wave u to a second station where they ask to see your cell phone. She said they looked to see when her last call was placed. This in opinion is an invasion of privacy.

what if i made that call 2 mins via my bluetooth through my radio?? What if i pulled over to dial 911? (like their signs say), this is just somebodys bright idea sitting behine a desk, getting big brownie points... im sorry but this total B.S.

Brenda said "    No Name Needed said "    Lessthanthree said "As of right now, I believe you can refuse and they technically need a warrant to look at your phone. Which is why they request to see it, and if you willingly give it to them they're allowed to check it. I heard that Harper was trying to pass a bill that could allow police to look at cell phones without a warrant.   Basically, if you have nothing to hide, then who cares, let them see it. If you were texting at that last light though, I'd refuse and let that be your warning not to do it again.   Personally, I see it as the BPS trying to keep the streets safer by reducing the amount of accidents caused by texting and such while driving. They're not doing anything wrong or illegal. " What about when they tell a teenager they HAVE to turn the phone over? Just like my sister was told she HAD to pop the trunk and let them search the car without due cause? That her license would be suspended if she refused? (RCMP Virden not BPS)     Then are they not doing anything illegal? People need to educate themselves on their rights " they always searched the car and the trunk for alcohol. No questions asked. "

There was a day when women couldn't vote & black folks were slaves. But then we decided that wasn't fair...

I can't even make phone calls on my cell phone. and as far as texting and driving goes. FAIL. ill admit I've tried it, and I suck big time. so my phone chills in my purse in the back seat. I have nothing at all to hide on my phone, and I still wouldn't hand it over without a warrant.

I also have nothing to hide but that doesnt make it right. if they ask for my cell I will ask them for a reason or warrant and then if they still take it I will be sure to get the cop's badge number and be in BPS first thing the next morning. And if I get a fine you can bet your bottom dollar I owuld be in court fighting it. They want to check what pics I have in there while they are at it? Big brother is getting out of hand. Maybe concentrate on the MANY idiots out there breaking traffic laws like running red lights, un safe passing, speeding, talking on cell WHILE driving (if not on a bluetooth) and TXTing when they can PROVE it. Like the other lady said, how do they know I didnt just pull out of a gas station parking lot 5 mins ago and thats when I used the phone?

Bad laws + lazy cops = invasion of your privacy  
 
If you are going to make talking on the phone while you drive illegal, then you're going to have to do the police work to catch people while they are talking on their phones  
 
Creating checkpoints and asking people to see who they've called isn't much different in my mind then asking to do random home inspections to try and catch marijuana growers - innocent people's private lives, including who they call on the phone, are supposed to be private  
 
Edited by Dave Barnesky, 2012-02-28 12:38:19

I cant believe some people are comfortable with handing there phones over to the police that is the most ridiculous thing I have heard in a while. Who knows what there doing looking at your pictures, reading texts people have personal stuff in there they shouldn't have to worry about some cop snooping through there phone..

do you honestly believe they would do this?  
 
his has not been proven that the BPS do this, so I really doubt it is true.  
 
I have been pulled over at check stops often, as I work till 11:30 - midnight on saturday nights, and they have never asked me for my cell phone.  
 
I think someone made this up.

If I am driving and my cell rings, my daughter answers it. So if I get pulled over and they want my phone(which I would not hand over) what then? They would see my phone had been used, but they dont know who was on it

people complain all the time that the police aren't doing enough. I would hand over my phone and have them do what they want, and they would be done with me in minutes. Then they could move on and perhaps catch a real criminal.  
 
Or, you could argue with them for a while, wasting their time and yours. While you are arguing, there is something happening a block away, that they might have seen, had their time not been wasted.  
 
Not fact anyway.

I own a cell phone but when we go to Brandon it usually says home and any calls would come to my wife, and she takes the message and relays it to me, I just love having a co-pilot. So if I was stopped and asked for my cell phone, I would have to say that I didn't have it with me, and would be unable to produce one, now how would they go about proving that you did and were lying about it.  
 
This story just doesn't seem to have credibility as far as I'm concerned, but if it does I would think that they are likely in the wrong unless there is something in the law about cell phones that has been overlooked.  
 
Maybe Oryx could comment on this, or the law regarding cell phone use, and the rights of police to enforce it.

Brenda said "people complain all the time that the police aren't doing enough. I would hand over my phone and have them do what they want, and they would be done with me in minutes. Then they could move on and perhaps catch a real criminal.     Or, you could argue with them for a while, wasting their time and yours. While you are arguing, there is something happening a block away, that they might have seen, had their time not been wasted.     Not fact anyway. "

Do you understand that if the police does not ask for my phone at all, he saves even more time ?

Dave Barnesky said "    Brenda said "people complain all the time that the police aren't doing enough. I would hand over my phone and have them do what they want, and they would be done with me in minutes. Then they could move on and perhaps catch a real criminal.     Or, you could argue with them for a while, wasting their time and yours. While you are arguing, there is something happening a block away, that they might have seen, had their time not been wasted.     Not fact anyway. " Do you understand that if the police does not ask for my phone at all, he saves even more time ? "

Dave, I certainly understand that. But "if" they are who cares, give it to them and hurry the process up.  
 
People share more information on facebook than whatever the police may look at on your phone.

Brenda said "    Dave Barnesky said "    Brenda said "people complain all the time that the police aren't doing enough. I would hand over my phone and have them do what they want, and they would be done with me in minutes. Then they could move on and perhaps catch a real criminal.     Or, you could argue with them for a while, wasting their time and yours. While you are arguing, there is something happening a block away, that they might have seen, had their time not been wasted.     Not fact anyway. " Do you understand that if the police does not ask for my phone at all, he saves even more time ? " Dave, I certainly understand that. But "if" they are who cares, give it to them and hurry the process up.     People share more information on facebook than whatever the police may look at on your phone. "

The point is that they shouldn't be asking at all.  
 
People choose to make the information they have on facebook available to the public. People do not choose to make the information they have on their phone, which often contains texts with their significant other and other very intimate information, with the police.  
 
Bit of a false equivalency, no?

"I have heard from a few people"...  
 
Uh huh, so really unless you were asked at a checkstop personally there is no purpose of posting heresy on eBrandon.

It sounds like a giant time waster for them as they would have to figure out how everyone's phone worked. If it is true, I would like to know the legal rights surrounding this issue - I am not familiar with them myself. Even though I have nothing to hide I would never let the police search my personal possessions if I didn't legally have to. That includes anything from house, car, yard, computer or cell phone.  
 
Edited by Jennifer-->, 2012-02-28 13:02:05

Oryx said ""I have heard from a few people"...     Uh huh, so really unless you were asked at a checkstop personally there is no purpose of posting heresy on eBrandon. "

I was only trying to see if this has happened to others and if so if it were legal for the police to ask for your phone. The check stop in question happened last night between 6 and 630 on 26th st. near JR ried