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In the event of an accident, should police be allowed to check your phone for recent text messaging ?

GoldenWorm · 51-55, M
No, phones are private spaces and there's no legal justification for invading your privacy.
GoldenWorm · 51-55, M
@UnparalleledMonster: You don't get to set the default and you have no idea what you're talking about legally. Half-assed legal assessments are only right by accident.
MetalGreymon · 36-40, M
@GoldenWorm:

Yeah...that wasn't an answer.

Let's try again: In my opinion checking a phone for activity given probable cause is no different than doing a breathalyzer. Just as the police will only know that you've been drinking and not what you drank, they will only know that you've been texting, not what you said.

So, are you able to articulate an argument for why that should not be allowed and furthermore that it is a violation of law?
MetalGreymon · 36-40, M
@GoldenWorm:

So that seems like a solid "no" to that question.
I mean, i know you're no privacy attorney but you have such a strong opinion i just assumed you would be able to back it up with some kind of logic.
Although of course logic is not always necessary to hold a strong opinion on something...
SW-User
Yes, texting and driving causes a lot of accidents
👍
MetalGreymon · 36-40, M
Perhaps they can now
SW-User
not without a warrant
MetalGreymon · 36-40, M
@onestarrynight:

I think i already made it clear that they are not searching your phone. They are checking for activity, not reading your texts
SW-User
they not checking my phone for anything without a warrant period..
it's the law..
MetalGreymon · 36-40, M
@onestarrynight:

Laws change.

It's exactly the same thing as a breathalyzer.
They're not going to find out what kind of drink you had, just if you've been drinking.
[c=#BF0080]Definetly.. esp if the wreck results in a death.[/c]
I didnt think about a death
I change my answer tbh to yes
SW-User
MetalGreymon · 36-40, M
@Ax17x7:

Well exactly. They would be checking activity, not content.
If I was involved in an accident and the police show up and the officer asks to see my phone, the answer is "No officer, you cannot" That's the way it should be.
MetalGreymon · 36-40, M
@Ax17x7:

If they have probably cause (the same way they decide if a breathalyzer should be administered) then why shouldn't they ask to check your phone for activity?
Noelle · F
I thought that was one of the things they did when investigating an accident
You mean they can't?
[c=#BF0080]They can, yes.. but I think he means without a warrant.[/c]
MetalGreymon · 36-40, M
I'm not sure. I don't think so though
@UnparalleledMonster: [c=#BF0080]They can't without a warrant.[/c]
Yes, if you were at fault.
MetalGreymon · 36-40, M
well i think determining fault is part of why they would check it
@UnparalleledMonster: Sometimes it is pretty obvious.
If they know the 4 digit code....
MetalGreymon · 36-40, M
You would be compelled to allow the to check your phone
plungesponge · 41-45, M
Only if they don't show them to my partner
Nope
MetalGreymon · 36-40, M
why not?

 
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