Late night thoughts

Richard

Final Approach
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Ack...city life
Scenario: Stopped by local PD while driving my vehicle on city streets, would I be legally prevented or prohibited from using my cell phone to contact my brother/dad/attorney for advice?
 
Scenario: Stopped by local PD while driving my vehicle on city streets, would I be legally prevented or prohibited from using my cell phone to contact my brother/dad/attorney for advice?

I don't think so. After all the local PD is using 2 way radios, cell phones and wireless computers to investigate you during this same stop, so your right to defend yourself using those same tools should apply. :thumbsup:

I can't wait to see all the comments on this thread...
 
Scenario: Stopped by local PD while driving my vehicle on city streets, would I be legally prevented or prohibited from using my cell phone to contact my brother/dad/attorney for advice?

My first thought is why would they be stopping you without probable
cause unless it's a checkpoint of some sort.

Second, no matter the cause, I'd be reluctant to reach for a cell phone
or anything else with an officer standing by the window without asking
if it's okay and telling them where it's located. If I was a cop that would
increase my pucker factor if someone was reaching around.

Don't answer any incriminating questions and don't let them search your vehicle voluntarily.
 
He didn't mention if there was a lack of RS or PC or not. Maybe he was speeding.

But the answer is, there is no definitive case precedent for the answer nationally or even in a particular federal circuit (maybe your state has a state court decision.) My professional opinion is the reasonable person standard applies. The law gives a lot of leeway to an officer to control a situation for reasonable concerns during a lawful stop and I don't see this as any different. If the cell phone use delays or obstructs the officer's duties or there is articulable concern that the subject is calling someone to come to illegally interfere with the lawful stop then you can restrict their use and demand compliance. Otherwise no.

So if I am trying to talk to you about whatever I have stopped you for and you have the window rolled up while you call your attorney/mother/bail bondsman/whatever, you are going to experience additional unpleasantness. If I tell you to keep your hands out of your purse in an area or situation where I can articulate there is danger of weapons being used against me, and you insist on grabbing your phone, that isn't appropriate. If you are a known gang member and I have articulable concerns that you might call your bros to come to the scene and cause trouble I might even be justified in seizing your phone for a period of time.

But if you want to call the judge from your car (or your wife or your voicemail) while I'm back writing the ticket, knock yourself out. Hang up when I come back to your window or expect my lawful demand that you do so.

That's my guidance until the SCOTUS or the Ninth Circuit (in my case) says otherwise.

Everything you need to know in life you learned in Kindergarten-or in my case first grade.
 
I do not know what is legal, but this does not sound like a good idea to me...

If you continue an in-progress call, or try to make a call... At best, you're going to upset the LEO and make them more likely to try harder to write you a ticket or write a worse ticket (example: speeding 20+ instead of 10-20mph). At worst (and depending on the situation) they may think you're going for a weapon should you reach for the phone.

Fortunately, I have not been pulled over in quite some time. But the times that I have... I sit there calmly, crack the window, and await instruction from the officer. LEOs must catch a lot of crap because I have found that a pleasant/polite demeanor goes a long way towards NOT getting a ticket.


Scenario: Stopped by local PD while driving my vehicle on city streets, would I be legally prevented or prohibited from using my cell phone to contact my brother/dad/attorney for advice?
 
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