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

[jayswin]

Originally Posted by calgarywinning

This is a great potential law... when they confiscate the cell phones they can resell them with a 2 year or a 3 year contract and charge for EMS and 911 service, texting. They can update the software to report any suspicious activity, directly to them before it happens as a feature to those who might be texting about breaking the law. Etc. etc.

I can see all these Policia Telephone stores opening to compete with Telus and Rogers and provide some real competition since they won't have to pay for the hardware they are re-selling.

Lol.. can't wait! Forget about driving and using your cell phone at the same time, I would like to thank the oblivious blonde at the Fratello coffee stand at the farmers market today who was blocking everybody from the coffee condiments while she texted on her Samsung Galaxy IIIs phone.

The funny thing is when they invented the telephone they came up with something called telephone etiquette. There were rules that came along with the technology that everyone had to use as to prevent the device from overtaking or invasively ruining simple things as courtesy. How come such a powerful device as a smartphone comes with no rules or etiquette?

Well, that post was certainly all over the place and back again.

Also, bonus points for stating your stance as a post title. Makes me laugh everytime someone does it.

[RedMileDJ]

I like this idea.

Don't want your phone taken? Don't talk on it while driving. Pull over. Get a Blue-Tooth device, etc. Lots of choices. Don't text and drive. Put your freakin' phone away while driving!

[bc-chris]

Originally Posted by woob

What a crock. Instead of doing something like this, why don't they make the actual infraction painful for the driver? $500 fine and 4 demerits. Losing your phone for 24 hours is a pain, but other than that, where is the lasting impact of the infraction?

how about this....

'good morning mam, please hand over your cell phone... thank you'

officer walks to the front of the car and puts the phone in front of the driver's front tire

'please put your car in drive and roll forward about 5' mam... thank you. now please step out of your car and pick up what is left of your phone as i don't want to site you for littering!'



i like it!!!

it immediately eliminates the problem, it's a fairly steep penalty, and it gets around the whole, 'you're going to try and snoop at the stuff on my phone' arguement

[jayswin]

Originally Posted by Red-Mile-DJ

I like this idea.

Don't want your phone taken? Don't talk on it while driving. Pull over. Get a Blue-Tooth device, etc. Lots of choices. Don't text and drive. Put your freakin' phone away while driving!

God damnit, RedmileDJ, we both love Big Wreck, but end up on opposite sides of arguments all the time. At least we have our love of Big wreck.

[Minnie]

Well, next time the government loses a laptop full of my confidential information....

[jar_e]

Originally Posted by flameswin

No, it should be a reason to not allow police the ability to take it because of a traffic violation. Police require a warrant to take your phone in any situation, so to make a law that allows them to do so with no warrant is a terrible precendent to set.

Not entirely true. Cell phones can be seized and search through incident to arrest in regards to certain charges. The majority of the time, cell phones can be seized without warrant incident to arrest or seized for evidence, though usually a search warrant is required to go through the device.

[4X4]

Well, I guess everyone can just keep their old BB in their center console and hand it over when the police demand a cell phone.

[chemgear]

Instead of taking their phones, they should just immediately shoot the offenders on the spot. Think of all the problems this would solve for Alberta.

Given the amount of driving, they're most likely suburbanites. We'd solve our traffic and parasite community taxation problems overnight. No need to pay for costly C-train extensions. They'd likely also own dogs - no more dog attacks on innocent civilians. People doing this kind of thing are also stupid enough do other things that cost the average tax payer extra to fix. And dead people wouldn't need costly government services anymore - Alberta budget deficit solved!

Win, win, win!

[jayswin]

Originally Posted by jar_e

Not entirely true. Cell phones can be seized and search through incident to arrest in regards to certain charges. The majority of the time, cell phones can be seized without warrant incident to arrest or seized for evidence, though usually a search warrant is required to go through the device.

Yeah, I was reffering to going through it, not just seizing it. Going through it requires a warrant, no?

[jar_e]

Originally Posted by flameswin

Yeah, I was reffering to going through it, not just seizing it. Going through it requires a warrant, no?

I believe with the exception of some CDSA charges, yes.

[jayswin]

Cdsa? Speak in laymen terms for the common folk, jar_e.

[afc wimbledon]

Originally Posted by MrMastodonFarm

If you end up in the klink and they take your phone they aren't allowed to open it. I suppose you really don't know what they're up to though.

Stupid potential law.

Actually the po po are allowed to go through your phone and, with my foster kids, routinely do, it is new law, none the less the supreme ct upheld their right a couple of years ago.

[4X4]

Originally Posted by flameswin

Cdsa? Speak in laymen terms for the common folk, jar_e.

Cellphone Drivers Suck Ass

[jar_e]

Originally Posted by flameswin

Cdsa? Speak in laymen terms for the common folk, jar_e.

Controlled Drug and Substances Act...so drug charges.

[jar_e]

Originally Posted by afc wimbledon

Actually the po po are allowed to go through your phone and, with my foster kids, routinely do, it is new law, none the less the supreme ct upheld their right a couple of years ago.

Link? That's definitely not common practice and illegal searches through phones are routinely not admitted as evidence in court.

Edit: I presume you're speaking regarding this: http://www.thestar.com/news/crime/20...urt_rules.html

The Court of Appeal for Ontario has ruled that if a cellphone is not password-protected, police making an arrest can search it without a warrant.

Hasn't gone to SCC that I can find. Though, they did say it can only be used for relevant evidence to the reason they arrested the accused. It can't be use as a fishing expedition trying to find more.

[jayswin]

Originally Posted by jar_e

Link? That's definitely not common practice and illegal searches through phones are routinely not admitted as evidence in court.

I believe he's in east Van, if that changes anything.

[squiggs96]

Originally Posted by Red-Mile-DJ

I like this idea.

Don't want your phone taken? Don't talk on it while driving. Pull over. Get a Blue-Tooth device, etc. Lots of choices. Don't text and drive. Put your freakin' phone away while driving!

Agreed. I don't see how this is so hard for people to understand. If you don't want to be pulled over for speeding, don't speed. If you don't want to have your phone taken away, don't talk/text on it while operating a vehicle.

Go take a quick look in the gear grinder thread. There are hundreds of posts in there about how crappy drivers are. There are posts on them being distracted, not following rules and endangering the safety of others. These are people who are fully concentrating on driving. Now add in a phone conversation on a device that fits in the palm of your hand and is tough to see. This creates more unsafe drivers, both in quantity and danger levels.

I'd prefer they took away the cars for 24 hours, but there was likely some logic that people would rather keep their cars rather than their phones. It's probably easier for the police to hold 100 phones at the station, rather than towing 100 cars and storing them for 24 hours. When you leave people their cars, they are able to drive to pick up their confiscated phones.

If you gave $1,000 fines instead of confiscating property, you'd get the argument that it's just a cash grab. I'd be fine with this, and I'm also fine with the city being funded by cash grabs from law breakers instead of raising property taxes.

[RedMileDJ]

Originally Posted by flameswin

God damnit, RedmileDJ, we both love Big Wreck, but end up on opposite sides of arguments all the time. At least we have our love of Big wreck.

Awww...

I understand your point about the police state thing, but come on. You're supposed to be paying attention while your driving. To everything around you. Front, side and back. I can't tell you how many times, on the way to work, I change lanes because the jack-ass behind me is texting or has his phone up to his ear.

The $172 fine in Alberta doesn't seem like it's working. I say bring on the seizures, and see what happens.

If your phone has personal information, then use a key-lock, like most of us do.

[CaptainCrunch]

Boy i could imagine the lawsuits if your phone is seized.

It was my only phone I missed job interviews and didn't know that my dad died because the cops siezed my phone before a court date.

Or better yet.

I came across a guy having a heart attack, family in a burning house, an accident on the highway etc and because I didn't have a phone I had to take an extra too minutes to find a phone to call 9/11 and the person died, great job B.C.

Its a dumb id, if they're serious, put a fine and demerits on it so people get hit hard in terms of insurance or their pocket book.

Or track the tickets and if a person gets pulled over a second time in a short period of time then you impound the car.

[Zulu29]

Originally Posted by flameswin

No, it should be a reason to not allow police the ability to take it because of a traffic violation. Police require a warrant to take your phone in any situation, so to make a law that allows them to do so with no warrant is a terrible precendent to set.

No, they don't need a warrant in any situation. They are allowed to seize your phone or any other property on your person incident to arrest. In fact there is recent case law out of Ontario I believe that allows police to do a cursory search of your phone if you are under arrest if there is no password.