Legal Corner

What would be wrong about destroying the phone?
nickelmoon 15 Reviews 1220 reads
posted

Just pull it out and smash it to the ground?  Say oops I'm clumsy! (Trac Phone, not your iPhone)

Although I can understand their point, this is kinda creepy..

I think I might upgrade my phone to something that will erase data with too many failed password/passcode attempts.

Enjoy!

I hope it is appealed the the SC and is reversed.

It is odd that the only triggering reason to search is to determine your phone number and verify your name.  That certainly can be done without access the phone, so where is the reasonable cause?

It's a slipperly slope to allowing this and next to searching a car and then who knows what next.

(still not a lawyer)

without a warrant only to obtain its number.

    Whether the police can search anything beside the number the court left for another day.

I don't know about you, but if I had someone's unlocked phone in my hand. The opportunities for manipulating the situation further to better enable my case are priceless. Do you really believe something as minor and un-technical as that is going to hold any weight in any court?

Just pull it out and smash it to the ground?  Say oops I'm clumsy! (Trac Phone, not your iPhone)

ex1042 reads

Posted By: nickelmoon
Just pull it out and smash it to the ground?  Say oops I'm clumsy! (Trac Phone, not your iPhone)
and maybe obstruction
of justice, a felony where
I'm from.

I realize we all think
about it, and so
have I, but the
consequences are
worse than the class
B mis you would get
if they did search....

If you're not under arrest yet, and they didn't search you or ask for it yet how can it be evidence? It's just your property at that point.  Besides you only "dropped" it.

ex1510 reads

Posted By: nickelmoon
If you're not under arrest yet, and they didn't search you or ask for it yet how can it be evidence? It's just your property at that point.  Besides you only "dropped" it.

I agree with you about that, but
how are we going to know when
to break or drop the phone?

What would be the warning signs
that we could watch for, that would
signal to us that LE is about to
arrest us?

I don't keep numbers on it.  I only have a number on there when I'm setting a meeting...  I delete before I leave her.  (PITA, means I must look at the ad to get her number...  ;)   But if the phone falls into wrong hands, it limits the damage.   If LE has probable cause...  they don't need my phone.  If LE doesn't have probable cause, I doubt they are going to get a subpeana for a misdemeanor bust.  If I left a body in the room, all bets are off & mt @ss is grass.  

I do not carry my real phone to meetings.  
H

Doesn't the phone have a memory/history of calls etc.?

Register Now!