Cell phone use during police encounters

[gtzdad]

What is the name of your state (only U.S. law)? Texas

During a vehicle stop or just general police encounters, do they have the authority to order a person to hang up their cell phone?

I've heard officer safety being brought up because the person could be calling their buddies to come to the location of the stop etc...

I personally think that is a weak argument and am of the opinion that as long as my being on the cell phone doesn't impede the office from doing his job, they cannot order me off the phone.

Are there any recent cases relevant to this someone could point me to?

 

[Just Blue]

Google

 

[gtzdad]

Google

Tried it for weeks couldn't find anything. Anyone have any helpful responses?

 

[Zigner]

Tried it for weeks couldn't find anything.

Maybe that's a sign...

 

[startedone]

What is the name of your state (only U.S. law)? Texas

I've heard officer safety being brought up because the person could be calling their buddies to come to the location of the stop etc...

So they tape your mouth shut too? You can communicate w/o a phone.

 

[Banned_Princess]

I'm sure you will see the inside of a cop car, or jail, if you refuse to hang up the phone. do you wish to find out how harsh police can be with uncooperative people. ???

police require, and deserve your FULL attention. it isn't like the line at starbucks.

 

[LeeHarveyBlotto]

I'm sure you will see the inside of a cop car, or jail, if you refuse to hang up the phone. do you wish to find out how harsh police can be with uncooperative people. ???

police require, and deserve your FULL attention. it isn't like the line at starbucks.

Although it should be legal to punch someone delaying the line ahead of you because their conversation is more important than taking care of business squarely in the throat.

 

[startedone]

Although it should be legal to punch someone delaying the line ahead of you because their conversation is more important than taking care of business squarely in the throat.

I thought this was legal already....the OP did not say that attention was not being given to the officers..just that they wanted their communication device shut down.

And you do not have to follow unlawful orders .. so if they do not have the authority to issue such an order, one is free to ignore it.

When cops come to your door and say "open this door" do you have to? No, of course not. Some fascists will say you need to listen to the police and follow all their requests and then threatened you with the gas chamber if you do not.

 

[CdwJava]

Yes, the police can generally ask you to get off the phone or at least step away from it. It IS a safety issue, and anyone who has been surprised by carloads of homeboys arriving at the scene of your stop, or has had friends shot because buddies were notified by phone, will understand why.

It's up to the officer, but I generally do not let people I have detained speak on the phone.

The police are given a good deal of leeway to control the movements of detained suspects for their safety and the safety of others. That includes having a person step out of the car and even detaining them in the police car - sometimes in handcuffs.

 

[cyjeff]

Safety issue aside... and it is a huge issue... why in the hell should an officer try to fit in a TRAFFIC STOP into the gaps in your conversation?

The officer isn't your girlfriend trying to talk about your day while you are trying to score tickets to the Nicks game... he/she is trying to get on with his/her day.

More officers, by the way, are killed roadside in traffic stops than by gunfire. They aren't going to stand next to your car while you finish your call.

 

[swalsh411]

I file this question under the "be a f*cking human being" rule. If you really need to ask if it's OK to keep yacking away on a your phone while an officer is performing a traffic stop then you're a jerk.

 

[Mass_Shyster]

This all boils down to whether the order to hang up the phone is a lawful order. You can bet your bottom dollar that the officer considers it a lawful order, and refusing to follow it can, and likely will, subject you to arrest.

Arguing with the police about what is lawful or not is as effective as arguing with the second baseman who says he tagged you out. Either way, you're not going to change their mind. If you really wish to argue the point, you do it with a judge.

So the next time you're stopped and the police order you to hang up, refuse, get arrested, and argue the point with the judge. Please be sure to report back and let us know how that works for you.

 

[xylene]

Get bluetooth.

Problem solved.

 

[tranquility]

Stopping people from talking on a cell phone is clearly more of an intrusion than not. But, all they have to do is articulate a reason, like officer safety, to make the intrusion reasonable. In the particular fact of cell phone, see:

snopes.com: Cell Phone Guns

 

[startedone]

Stopping people from talking on a cell phone is clearly more of an intrusion than not. But, all they have to do is articulate a reason, like officer safety, to make the intrusion reasonable. In the particular fact of cell phone, see:

snopes.com: Cell Phone Guns

And this:

snopes.com: Cell Phone Atomic Bomb

Cell phones ... oh brother. Get a hands-off system then he'll never know.