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Topic: BPS asking for cell phones at check stops...
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hardhat4937

2/28/2012 11:31:17 AM
Member since:
Sep 2011
Total posts:10
BPS asking for cell phones at check stops...

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???

 
 
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DeSoto Sam

2/28/2012 11:33:06 AM
Member since:
Aug 2008
Total posts:167
If you have nothing to hide,

Who cares!

my view is.....

2/28/2012 11:33:17 AM
Member since:
Feb 2009
Total posts:753
they

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

Nelle

2/28/2012 11:41:54 AM
Member since:
Jun 2010
Total posts:1077
...

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.

ScarletAngel

2/28/2012 11:46:57 AM
Member since:
Mar 2009
Total posts:1061
what?

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

Mis

2/28/2012 11:50:01 AM
Member since:
Nov 2009
Total posts:1797
i can't see

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?

No Name Needed

2/28/2012 11:51:31 AM
Member since:
Jan 2011
Total posts:280

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

No Name Needed

2/28/2012 11:55:53 AM
Member since:
Jan 2011
Total posts:280
B

  
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?

Lessthanthree

2/28/2012 11:57:21 AM
Member since:
Feb 2012
Total posts:28
Warrant

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.

Spaghetti Monster

2/28/2012 11:58:52 AM
Member since:
Feb 2010
Total posts:1665
Nope.....

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

No Name Needed

2/28/2012 12:07:43 PM
Member since:
Jan 2011
Total posts:280

  
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

Brenda

2/28/2012 12:12:05 PM
Member since:
Jul 2005
Total posts:7592
getting all worked up

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.

Brenda

2/28/2012 12:13:11 PM
Member since:
Jul 2005
Total posts:7592
back in my day

  
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.

hardhat4937

2/28/2012 12:13:42 PM
Member since:
Sep 2011
Total posts:10
..

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.

james

2/28/2012 12:19:47 PM
Member since:
Jan 2007
Total posts:319
so

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.

Crash

2/28/2012 12:19:58 PM
Member since:
Apr 2006
Total posts:2275
back in my day

  
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...

chesirecat.

2/28/2012 12:23:09 PM
Member since:
Jun 2011
Total posts:256
.

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.

Rebeldawn

2/28/2012 12:33:26 PM
Member since:
Oct 2010
Total posts:1771
...

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?

Dave Barnesky

2/28/2012 12:36:50 PM
Member since:
Jan 2007
Total posts:813
Simple arithmatic

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

blitzd

2/28/2012 12:41:41 PM
Member since:
May 2010
Total posts:58
..

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..

NA

2/28/2012 12:43:28 PM
Member since:
Apr 2013
Total posts:0
really people..

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.

BEGood

2/28/2012 12:45:56 PM
Member since:
Dec 2005
Total posts:50
!!

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

Brenda

2/28/2012 12:47:35 PM
Member since:
Jul 2005
Total posts:7592
so

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.

don brown

2/28/2012 12:47:56 PM
Member since:
Aug 2010
Total posts:3109
Just curious

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.

Dave Barnesky

2/28/2012 12:49:38 PM
Member since:
Jan 2007
Total posts:813
huh

  
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 ?

Brenda

2/28/2012 12:51:19 PM
Member since:
Jul 2005
Total posts:7592
yes

  
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.

Dave Barnesky

2/28/2012 12:53:28 PM
Member since:
Jan 2007
Total posts:813
.

  
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?

Oryx

2/28/2012 12:56:59 PM
Member since:
Jul 2005
Total posts:5101
gotta read the op

"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.

Jennifer-->

2/28/2012 1:01:17 PM
Member since:
May 2005
Total posts:114
Not sure

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

hardhat4937

2/28/2012 1:02:33 PM
Member since:
Sep 2011
Total posts:10
..

  
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

 
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