BC aims to seize cellphones from drivers, Alberta top cop watching with interest

[jayswin]

You've got to be ****ing kidding me. I know, I know, if you don't want your stuff seized by police, just don't do anything illegal, blah blah blah.

It's still getting pretty ridiculous, the amount of power we keep handing our police. And that's coming from somone who has an immense amount of respect for our police department.

Anyways, here's the details from the story.

Alberta’s top cop is watching with interest following a pitch by police in B.C. to seize cell phones from distracted drivers in that province.
On Thursday, the B.C. Chiefs of Police Association passed a motion asking the government to expand their powers under the province’s distracted driving law to allow them to temporarily seize the cell phones of drivers caught talking or texting behind the wheel

Under the proposal, which has been referred to a meeting in June, cops would take away phones roadside, which can be picked up at the police station 24 hours later.

Jonathan Denis wants to see results before taking action in this province, he said he is “watching with interest.”
“I would have to look at the constitutional implications and also whether it has had the desired effect of reducing distracted driving in other jurisdictions,” he said.

[Caged Great]

Good

If you want to be stupid and text while driving, you do not deserve to keep your phone.

It's pretty simple, if you need to use your phone, pull over and stop.

Distracted drivers are nearly as bad as drunk ones.

[jayswin]

Also, I fully realize I'll probably get roasted for being against this and that the majority of Cp'ers will say "Good, they deserve it", but my lord, I hate all this nanny state stuff.

[Minnie]

Why not just take the car, leave the phone?

[4X4]

Originally Posted by flameswin

Also, I fully realize I'll probably get roasted for being against this and that the majority of Cp'ers will say "Good, they deserve it", but my lord, I hate all this nanny state stuff.

No, I'm with you on this, and I hate cellphone drivers more than most people. But the police taking the phone away like they're your mom? Get real. Gimme a fine and F.O.
Oh yeah, and demerits.

[pylon]

One issue here. Most phones contractually belong to the carriers until the contract is fulfilled. Are the police going to pay for contract termination fees as a result of the seizures?

nm: I saw it was just a 24 hour seizure. I can support that. Just enough inconvenience to make you think about it the next time.

[sclitheroe]

Originally Posted by Minnie

Why not just take the car, leave the phone?

24hr seizure on the vehicle is actually more appropriate - they enforce motor vehicle laws, not talking on cell phone laws.

It's not a question of nanny state or not, it's actually quite an egregious abuse of power. I am totally in favour of losing your car for 24 hours though if you are driving it without due care and control (ie. distracted).

[jayswin]

Originally Posted by sclitheroe

24hr seizure on the vehicle is actually more appropriate - they enforce motor vehicle laws, not talking on cell phone laws.

It's not a question of nanny state or not, it's actually quite an egregious abuse of power. I am totally in favour of losing your car for 24 hours though if you are driving it without due care and control (ie. distracted).

The ridiculouslness of it would be amplified if police were forced to take away anything that was used in a distracted driving incident. They just picked the one thing that they know people rely on heavily for daily use, and decided to make it legal to take them away.

"Sir, hand over the newspaper, you can come down to district 8 in 24 hours to retrieve your property."

"Sir, I'm only going to ask once, hand over that whopper, immeditaly. You can pick it up and microwave it tomorrow, but right now it's property of the Calgary police."

[Tron_fdc]

I own about 3 cell phones, none of which are locked to a provider. It would take me about 10 minutes to reactivate another sim, dump it in a new phone and have a backup running.

Just sayin

[4X4]

What are they allowed to do with your phone in that 24 hours? Maybe have a look through your contacts and see if you've got any bad friends? Check your pics? Read your email?

This idea is complete BS. I'm not paranoid about a police state, but taking away my phone is more of an invasion of privacy than an inconvenience.

[Slava]

Is there any evidence to show that these distracted driving laws actually make us safer? Why aren't insurance rates dropping?

I think this whole thing is a complete cash grab.

[jayswin]

Originally Posted by 4X4

What are they allowed to do with your phone in that 24 hours? Maybe have a look through your contacts and see if you've got any bad friends? Check your pics? Read your email?

This idea is complete BS. I'm not paranoid about a police state, but taking away my phone is more of an invasion of privacy than an inconvenience.

Yeah, phones are very personal now a days. This isn't the old days, where you dialed out a number or received phone calls. Now a days, people have lots of personal stuff on there.

Think of it this way, would people be okay with the police being given the power to seize people's computers for a day without a warrant? because with the way smart phones are these days, this isn't really that much different.

And the old "oh c'mon, like police are going to do anything with your phone" doesn't apply, as you never want to give authorties the power to do things on the basis of "Don't worry, we won't abuse our power". That's exactly what Vic Toews said when he tried to pass that law that allowed polcie to search internet records without warrants.

[Deegee]

I go through a busy 4 way stop every morning on the way to work and every morning I need to lay on the horn because some ####### is texting and not paying attention.

The fines aren't working so this might. I'd rather see them impound vehicles, though.

[4X4]

Originally Posted by Deegee

I go through a busy 4 way stop every morning on the way to work and every morning I need to lay on the horn because some ####### is texting and not paying attention.

The fines aren't working so this might. I'd rather see them impound vehicles, though.

I agree with you that the fines aren't working, and it's pretty frustrating sometimes. Rush hour, stuck behind some loser whose text conversation is more important than the hundreds of cars behind him that just want to get home. You know what that guy should get? a $1,000 fine and some demerits. Maybe that'll get the message across. But taking a phone? There's just so much wrong with that.

But hey, if BC does get the law passed, maybe it'll backfire after a few people accuse ploice of damaging their $700 phones.

[SebC]

Originally Posted by Tron_fdc

I own about 3 cell phones, none of which are locked to a provider. It would take me about 10 minutes to reactivate another sim, dump it in a new phone and have a backup running.

Just sayin

Pimp or drug dealer?

[Mike F]

Originally Posted by sclitheroe

24hr seizure on the vehicle is actually more appropriate - they enforce motor vehicle laws, not talking on cell phone laws.

It's not a question of nanny state or not, it's actually quite an egregious abuse of power. I am totally in favour of losing your car for 24 hours though if you are driving it without due care and control (ie. distracted).

Actually, they enforce laws, period, one of which is the distracted driving law.

Originally Posted by 4X4

What are they allowed to do with your phone in that 24 hours? Maybe have a look through your contacts and see if you've got any bad friends? Check your pics? Read your email?

This idea is complete BS. I'm not paranoid about a police state, but taking away my phone is more of an invasion of privacy than an inconvenience.

Originally Posted by flameswin

Yeah, phones are very personal now a days. This isn't the old days, where you dialed out a number or received phone calls. Now a days, people have lots of personal stuff on there.

Think of it this way, would people be okay with the police being given the power to seize people's computers for a day without a warrant? because with the way smart phones are these days, this isn't really that much different.

And the old "oh c'mon, like police are going to do anything with your phone" doesn't apply, as you never want to give authorties the power to do things on the basis of "Don't worry, we won't abuse our power". That's exactly what Vic Toews said when he tried to pass that law that allowed polcie to search internet records without warrants.

Two things:

One, if you don't have a password lock on your smart phone, you're a fool. There's one scary outcome completely in your control.

Similarly, second, to be one of the people the OP referred to, if you don't like it, don't text or talk while driving. As someone who has just narrowly avoided being seriously injured by people driving along staring at their phone, I would have loved to have seen those drivers pulled over and had their precious phones taken away for 24 hrs.

[jayswin]

Originally Posted by 4X4

I agree with you that the fines aren't working, and it's pretty frustrating sometimes. Rush hour, stuck behind some loser whose text conversation is more important than the hundreds of cars behind him that just want to get home. You know what that guy should get? a $1,000 fine and some demerits. Maybe that'll get the message across. But taking a phone? There's just so much wrong with that.

But hey, if BC does get the law passed, maybe it'll backfire after a few people accuse ploice of damaging their $700 phones.

I don't know much about phone technology, but I wonder if people could set something up, so they could trace if their phone was browsed through while it was with police? Kind of like logging key strokes on a computer.

And if so I wonder what would happen legally.

"No we absolutely don't go through people's phones when we confiscate them"

"Really, my client has a key logger, and it looks like you went through his contacts, texts and email"

"Oh ****".

[Huntingwhale]

There should be a mandatory prison sentence. People will quickly learn.

[Joborule]

This is over the top. The fine should be penalty enough. What does taking the phone away do? Not to mention that person might actually need the phone in the case of an emergency.

Too much.

[jayswin]

Originally Posted by Mike F

Two things:

One, if you don't have a password lock on your smart phone, you're a fool.

Second, to be one of the people the OP referred to, if you don't like it, don't text or talk while driving.

Whether people password their phones or not is irrelevant. Lots of people don't, so it's a moot point.

The old "If you don't like it don't do it" is great to say to an individual, but as a society it's an irreresponsible way to discuss potential laws that give police power like this one would.