New GA law - hands free

on edit:
I arrived back in Panama this morning (0300) and am happy to be back on my sailboat. We don't have those problems down here. It's very quiet and people respect one another. I have two ex-Montana Leo's living a few slips over from me and they are amazed at how well we are treated here.

spoon059 wrote:

Are you aware that there are other violations for which you can be stopped, other than speed? Perhaps they were stopping vehicles with suspended registrations, or lacking insurance, or displaying equipment violations. Just because YOU don't know the reason, doesn't mean that there isn't a valid reason. Much akin to your ID situation. Perhaps there was a public safety issue and the troopers needed to identify someone. Without knowing the whole story, its rather premature to jump to a conclusion...

I'm sure you are aware, some LEO's don't care about your rights or anyone else's for that matter. They have the badge, the 9mm and the lights/siren equipped vehicle. We see this every week on the news. I once lived in a town out west, where the state troopers would dip your tank while you were in a restaurant eating, looking for untaxed fuel. In another town where the local cop would slowly drive thru a parking lot looking at outta state vehicles to see if any were stolen, by running the plate numbers. Was it legal - I don't know, but they got away with it. The point is there are good LEO's and not good ones. You just don't know which one will pull a 9mm on you for a nothing infraction.

BTW, guess who is STILL NOT A ROBOT!!!

(But the CAPTCHA page now recommends you or your system administrator can run a virus scan to avoid seeing the page in the future) HAHAHAHA!!! Clueless :(

spoon059 wrote:
#2 The officer cannot go through your phone to see if you were using your phone. They need your consent (don't give it to them if you are concerned about it) or a warrant.

Some cases have upheld that going through a phone that DOES NOT HAVE A LOCK CODE is not considered a warrantless search. If it has a lock code, they need a warrant.

I believe it is similar to going through your desk in an office. If the drawer is locked, privacy violation and requires permission or warrant from INDIVIDUAL. If not locked, EMPLOYER can grant access and permission.

I even had an "officer" (Quotes mean wanna-be's vs those who are professional LEOs who have integrity) take MY phone from my hand one time. He had no idea, but the roadside is not the place to take a stand. State your objection clearly and call your attorney as soon as you are cleared from the site.

In the following day(s) I spoke with appropriate LEO and US Marshall and the apologies and "Sirs" flowed at every turn. BUT- it didn't change a thing during the initial stop and holding my property was an inducement for me to remain.

I think that initial encounter is where the potential for overreach or worse comes in for such a "wildly subjective, no proof needed" criteria such as touching your phone.

I have every respect for the professionals who honor their oaths. Unfortunately they are subject to the rules and policies set upon them by others.

When those rules or policies are in conflict with Law Abiding Citizens' Rights, the Citizen must prevail in a free society or the LAW itself becomes the transgressor.

BTW, have you ever watched someone SMOKING A CIGARETTE while driving? But THAT is not a valid reason to stop someone (usually).

wannavolunteerFT wrote:
If you read my entire post, you would see I said NOT all, but some could be overzealous. I don't hold my phone while driving, but was concerned that someone use it as an "excuse" to stop me. I use my blue tooth capability in my truck. My comment was because the phone log/history does not show when it used blue tooth, when it used speaker and when it was actually held up to be used.

#1 If you aren't using your phone in your hands, it can't be used as an "excuse" to stop you.

#2 The officer cannot go through your phone to see if you were using your phone. They need your consent (don't give it to them if you are concerned about it) or a warrant.

#3 If you think that an officer would lie and frame you for committing a traffic infraction then this new law doesn't really matter anyways... They would have just made up some other infraction that you violated.

yr2017 wrote:
Sorry we offended you. But where I've driven lately from GA to AK - it's true. I saw vehicles doing less than the limit get pulled over in GA and IN and again in SD. While others passing me at 75-80mph weren't. Now I'm in AK and a trooper came thru the campground asking for id's. When I asked why he said "because I said so". I'll be leaving this weekend.

Are you aware that there are other violations for which you can be stopped, other than speed? Perhaps they were stopping vehicles with suspended registrations, or lacking insurance, or displaying equipment violations. Just because YOU don't know the reason, doesn't mean that there isn't a valid reason.

Much akin to your ID situation. Perhaps there was a public safety issue and the troopers needed to identify someone. Without knowing the whole story, its rather premature to jump to a conclusion...

spoon059 wrote:
I'll ignore all the condescending comments about law enforcement in your post and just focus on a solution to this sentence...

Perhaps you could just not pick up your phone while driving?

If you read my entire post, you would see I said NOT all, but some could be overzealous. I don't hold my phone while driving, but was concerned that someone use it as an "excuse" to stop me. I use my blue tooth capability in my truck. My comment was because the phone log/history does not show when it used blue tooth, when it used speaker and when it was actually held up to be used.

spoon059 wrote:

wannavolunteerFT wrote:
I don't have the extra money to defend myself against a ticket because an overzealous LEO thinks he saw me on the phone and cites me and I have no way to prove I wasn't using my hands.

I'll ignore all the condescending comments about law enforcement in your post and just focus on a solution to this sentence...

Sorry we offended you. But where I've driven lately from GA to AK - it's true. I saw vehicles doing less than the limit get pulled over in GA and IN and again in SD. While others passing me at 75-80mph weren't. Now I'm in AK and a trooper came thru the campground asking for id's. When I asked why he said "because I said so". I'll be leaving this weekend.

wannavolunteerFT wrote:
I don't have the extra money to defend myself against a ticket because an overzealous LEO thinks he saw me on the phone and cites me and I have no way to prove I wasn't using my hands.

I'll ignore all the condescending comments about law enforcement in your post and just focus on a solution to this sentence...

Perhaps you could just not pick up your phone while driving?

garmp wrote:
Couldn't all this be put to rest if there simply was a nationwide ban on hand held phones while driving?

Sure would help, but hands-free phones are not a solution. Total non-usage by the driver is what is needed, and that will happen shortly after we have porcine flyovers.