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Privacy Cellphones Crime The Courts Technology

Judge Jails Defendent For Failing To Unlock Phones (fox13news.com) 506

devoid42 writes: In a Tampa courtroom, Judge Gregory Holder held William Montanez in contempt of court for failure to unlock a mobile device. What led to this was a frightening slippery slope that threatens our Fourth Amendment rights to the core. Montanez was stopped for failing to yield properly. After being pulled over, the officer asked to search his car; Montanez refused, so the officer held him until a drug dog was brought in to give the officer enough probable cause to search the vehicle. They found a misdemeanor amount of marijuana, which they used to arrest Montenez, but they asked to search his two cellphones, which he also refused. They were able to secure a warrant for those as well, but Montenez claimed he had forgotten his password. The result: Montanez is being held in contempt of court and is serving a six-month jail sentence.
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Judge Jails Defendent For Failing To Unlock Phones

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  • by OffTheLip ( 636691 ) on Monday July 16, 2018 @06:15AM (#56955376)
    Outrageous overreach based on the circumstances. It's not like this guywas a threat to national security. Sounds like butthurt cops not getting their way backed by a judge.
    • by Applehu Akbar ( 2968043 ) on Monday July 16, 2018 @06:28AM (#56955420)

      Although following the judge's order would be blatant self-incrimination, any attempt to use a Constitutional argument in a low-level court is declared 'frivolous' and will get you additional charges for contempt of court. This judge is betting that the defendant doesn't have the resources to take the case to those higher levels where Constitutional arguments are taken seriously.

      • by umghhh ( 965931 ) on Monday July 16, 2018 @06:48AM (#56955468)
        This reminds me of this quote :"what good is a phone call if you are unable to speak" Somehow it fits here.
      • by JaredOfEuropa ( 526365 ) on Monday July 16, 2018 @06:48AM (#56955472) Journal
        Weird. If the constitution doesn't "count" in the lower courts, shouldn't there be ordinary laws to reflect what the constitution says on things like self-incrimination? That's certainly the case here. In fact our constitution has no standing in court, and while the senate is supposed to check if newly proposed laws do not run afoul of the constitution before approving them, their decision cannot be challenged for being unconstitutional in any court either (although this is going to be changed slightly). For that reason, many of the principles in the constitution are subsequently set forth in ordinary laws as well, so that a judge may apply them.
        • by jrumney ( 197329 ) on Monday July 16, 2018 @07:12AM (#56955556)
          The police will probably argue that they are not asking for self incrimination, they are after his dealer. But anything they find in the course of that investigation...
          • Here's a twist on that I'd like to ponder. The ability to deny incriminating one's spouse is widely recognized, as best I can tell. If the dealer is the guy's wife then can he still be compelled to allow the search? I'd assume they might need some proof that the search would hold such a privilege, but doing so would mean an admission of a crime before the search happened, or revealing the commission of a felony in order to prove the privilege to conceal the evidence. Are there other relationships that carry similar privileges against compelled incrimination?

            I'm thinking the grounds for initiating the search was very weak to begin with. I've read of other searches being tossed out on lesser police screw-ups than this. Maybe there's more to explain the need for a search that wasn't said in the article but this is sounding like they were fishing for something or were out to get this guy.

            • Not clear (Score:5, Interesting)

              by XXongo ( 3986865 ) on Monday July 16, 2018 @09:18AM (#56956076) Homepage
              It is not yet clear in the courts that requiring a person to unlock a phone is self incrimination. It is considered equivalent to requiring somebody to give the key to a safe in a physical search.

              This has happened before, of course: https://9to5mac.com/2017/06/01... [9to5mac.com]

              and the case law is unclear: http://www.leadingedgelaw.com/... [leadingedgelaw.com]

              • Re:Not clear (Score:5, Insightful)

                by spire3661 ( 1038968 ) on Monday July 16, 2018 @09:29AM (#56956140) Journal
                The 'safe' analogy fails the 'mind reading' aspect. The judge has declared himself a mind reader with no corroborating evidence to support his ruling that the defendant does indeed know the passwords. He fucked up, in a major way.
                • Re: Not clear (Score:3, Insightful)

                  by Boh00711 ( 4233611 )

                  I think there comes a point of reasonable suspicion when dealing with remembering passwords: were you carrying the phone with you, powered on? Then you probably remember the password. Was it sitting on a desk with a dead battery and hasn't been online in over a month? More likely you forgot the passcode as using a new phone took priority. It's like combination locks in highschool, kind of.

                  I would love to see video of the circumstances leading up to this arrest. If the car smelled dank, there exists probable

              • Re:Not clear (Score:5, Insightful)

                by Anonymous Coward on Monday July 16, 2018 @09:36AM (#56956180)

                It is considered equivalent to requiring somebody to give the key to a safe in a physical search.

                Which is a real shame, because it is nothing like that at all. It is closer to being forced to reveal the combination to a safe, when the combination only exists in your head. The difference is, that if you exercise your right to remain silent, the cops can still crack open the safe.

                "Then we need an exception!" you say? No we do not. Another analogy I like to use is to equate an encrypted file system to a physical paper notebook that was written in using a fictional language that only I know. And I cannot be forced to teach the cops that fictional language.

            • by BankRobberMBA ( 4918083 ) on Monday July 16, 2018 @09:45AM (#56956244)

              Well, framework-wise, the warrant requirement is what stops the search. Once there is a warrant (meaning a judge has agreed there is probable cause to believe there evidence of criminal activity), LE can usually search.

              In your example, the evidence of criminal activity would be found, everyone would go to trial, and the evidence would be contested for 'admissibility'. There a fact-finder (the judge) would determine if the evidence was in fact privileged.

              If so, that evidence will be thrown out, as well as any evidence discovered based on the disclosure of that evidence (this is the so-called "fruit of the poison tree"). Then the government can try to get that evidence back in by claiming inevitable discovery, and a donnybrook ensues.

              If the evidence is not privileged, it will be admitted, defendants will probably be found guilty, and it's off to the appeals courts to try to get it overturned. Good luck, they'll need it.

              Odd thing about this case is that there is some legal precedent that pass-codes and PINs are testimonial ("something you know"), whereas keys and fingerprints are not (they are "something you possess"). Pass-codes and PINs may be 5th Amendment protected. He's in Florida, though, so I'm not sure how they have ruled.

              • by Anonymous Coward

                The legal precedent recently set was that biometrics can't be withheld to unlock a device. So finger prints, face scans etc BUT passwords or codes can't be forced to hand over.

                That's why despite doing nothing illegal my phone (after a reboot) requires a passcode along with finger print to unlock and if I were to get pulled over by the police I'd immediately shut my device off.

                I genuinely have nothing to hide but what's on my phone is none of their business. Of course they wouldn't arrest me or find anythi

          • The police will probably argue that they are not asking for self incrimination, they are after his dealer. But anything they find in the course of that investigation...

            Yup. A fishing expedition

        • Re: (Score:3, Informative)

          by Anonymous Coward

          The Constitution is supposed to be the highest law of the United States and should apply in every federal court. The GP is suggesting that lower courts are less open to hearing arguments that law enforcement has violated a defendant's Constitutional rights. He's suggesting that appellate courts are more open to considering those arguments. That's unfortunate, because the Constitution has supersedes any other law in federal courts.

          With respect to state courts, portions of the Constitution should still app

          • by InfiniteBlaze ( 2564509 ) on Monday July 16, 2018 @08:12AM (#56955806)
            At low levels, the JUDGE is the law, unless the defendant has the resources to run the judge up the flagpole. In this case, the guy is probably going to serve his time and the tell the story of how he was f*ed by the system for the rest of his life, further degrading faith in the system and further diminishing the likelihood that anyone will bother to invest time and resources in fixing it.
        • I'm sure there's an ambitious, fame-seeking lawyer out there that's salivating over the idea of taking this all the way to the supreme court.

        • Of course the Constitution counts (it's the Supreme Law of the land) but local backwater judges ignore it. They're not going anywhere and they don't want to waste their time thinking because T-time is at 2.

      • This judge is betting that the defendant doesn't have the resources to take the case to those higher levels where Constitutional arguments are taken seriously.

        Chances are if some civil liberties organization decides to provide free legal counsel to see a precedent set by a higher court then they just drop the demand to unlock the phone and the ability to prevent future abuse is denied.

        I'm thinking we need a new standard on what grants standing for taking bad law to court.

        • Re: (Score:3, Informative)

          by Anonymous Coward

          Why is one party allowed to drop charges without the other party's consent anyway?

          • Well, only the party bringing the charges can drop them and I doubt you'd find too many defendants that would contest it.
          • by BankRobberMBA ( 4918083 ) on Monday July 16, 2018 @09:56AM (#56956328)

            It rarely happens, but a defendant can object to government's motion to drop charges. Judges will only give these objections serious consideration when they believe that there is a likelihood of some governmental abuse going on (and they give a shit about it). In these cases, a judge may deny the motion to drop and the case will proceed.

            The government makes the motion when they think they are likely to lose in order to 'moot' the issue, which just means to make it no longer a contested issue in this case. They can then continue using the contested behavior because there was no judicial finding that it was unconstitutional.

            Federal Prison inmates object to government motions to dismiss all the time. Every once in a while they are successful. Then we get new case law.

            • by Archangel Michael ( 180766 ) on Monday July 16, 2018 @10:53AM (#56956748) Journal

              It does rarely happen. Another reason why someone would want to motion to NOT drop charges is for the purposes of double jeopardy; prevent them from potentially charging the defendant again at a later time. If you are acquitted, they can't charge you with the same crime ever again.

              Another possible reason is to force the government to show its hand before it wants to, or in the case of a "show indictment" where the government had no intention of bringing someone to trial, but charges them anyway to show "See, we're doing something" (charging Russians for hacking).

        • by MrKaos ( 858439 )

          Chances are if some civil liberties organization decides to provide free legal counsel to see a precedent set by a higher court then they just drop the demand to unlock the phone and the ability to prevent future abuse is denied.

          Well to do that you would have to overturn the domestic terrorism acts that allow these abuses to take place. Kind of makes your I am armed because I am free. I am free because I am armed sig look like a joke because you're not really free.

          I'm thinking we need a new standard on what grants standing for taking bad law to court.

          You mean where bad laws that go against the constitution are not laws because they are unconstitutional. I think you will find that standard is called "The Constitution" and whilst I support the right for people to carry arms, the way to defend it is with a pen, not a

          • Well to do that you would have to overturn the domestic terrorism acts that allow these abuses to take place. Kind of makes your I am armed because I am free. I am free because I am armed sig look like a joke because you're not really free.

            I know I'm not really free. So long as the police are empowered such wide latitude to search for drugs, child pornography, and "terrorism", then we have no real protections against unlawful search and seizure. The reason we have the right to keep and bear arms enumerated in the Constitution was because the government of the time used the premise of searching for weapons to search for anything that they felt like. Now we see the same violations that the founders wanted to prevent only instead of guns being the "evil" they seek its drugs. What is now considered a prohibited substance was then considered a common crop. They didn't smoke the "weed", they used it to make things like rope and potato sacks.

            You mean where bad laws that go against the constitution are not laws because they are unconstitutional. I think you will find that standard is called "The Constitution" and whilst I support the right for people to carry arms, the way to defend it is with a pen, not a gun.

            No, that cannot be found in the Constitution. Selective enforcement to keep bad law is common with gun laws. I can give a few examples.

            There's been several cases of people being charged with a felony for bringing an unregistered firearm into the state of New York. This crime has a mandatory minimum of 3 years in the state pen. Each time someone has been charged no one has gone to prison and the charges have been plead down to a misdemeanor with a sentence of community service and a fine. The law says 3 years minimum, but no one has actually served that for admitting guilt. Why is that? Perhaps because the people charged have been upstanding citizens, like a registered nurse on vacation. By taking it to court that means they have to be in prison while the case is appealed. To take the law to court the person must first be found guilty of the felony. Getting a sentence of $50 and time served is far better than chances of a felony if the case fails. The state has deep pockets and no real concern on whether the law is struck down in the end so they are perfectly willing to go to court. Those caught committing a more serious crime at the time of being caught will plead to having the gun crime dismissed in exchange for a lighter sentence. New Jersey has a similar law but, as I recall, governors will issue a pardon to prevent the law going to appeal.

            In Chicago a man breaks into a home while on the run from police. The homeowner shoots the man with his unregistered gun. The police haul away the dead thug and investigate, revealing the unregistered firearm in the home. No charges are brought against the home owner. Why? Because they know the law cannot stand up in court but they can charge criminals with the crime to get leverage on a plea deal. They also can expect that arresting a man for defending himself against a home invader could mean riots. Upstanding citizens in court over a bad law can get the law overturned real quick. Criminals that know they are guilty would rather make a deal than make some stand on a bad law.

            Oh, and defending one's rights with a pen means nothing if there isn't a gun to back it up. Kind of like speaking softly but carrying a big stick.

    • by MitchDev ( 2526834 ) on Monday July 16, 2018 @07:17AM (#56955568)

      Too many "cops" these are nothing more than powermad bullies, and then the supposedly good cops are too busy protecting the "blue line" that they refuse to turn in the bad cops...

      Is it any wonder so few trust the police anymore?
       

  • Wouldn't this be akin to a warrant for searching your house?

    You can't really say "I lost my house keys"

    • by misnohmer ( 1636461 ) on Monday July 16, 2018 @06:18AM (#56955388)
      You wouldn't be held in contempt of court if you did, or refused to open the door, or refuse to tell the search party about a hidden hiding place.
      • Fair enough. Was playing devils advocate.

        It sounds like they were targeting this guy. Calling in the K9 unit before the stop, getting a warrant for his phone based on a text message they saw on the lock screen to try and get "more evidence" on a "crime" he already admitted to.

        As first post put it: "Sounds like butthurt cops not getting their way backed by another butthurt judge" (The judge sounds butthurt too)

        • by Anonymous Coward on Monday July 16, 2018 @06:49AM (#56955480)
          K9 units are referred to as probable cause on four legs. [erowid.org] Since an officer can easily indicate to the dog that they want the dog to perform an alert (and can do so in a way that isn't obvious to normal people) the probable cause they grant is largely bullshit just like the polygraph.
      • What if the cops find a safe in your house that they cannot open without destroying the contents. Could you be compelled to open it, or be held in contempt for failure to do so (in the USA)?

        Here in the Netherlands, IIRC one cannot be compelled to assist in opening a locked safe except in cases where the search warrant is for a matter regarding taxes (Internal Revenue has wide ranging powers here). However there are proposals to change the law to the effect that a suspect must assist in opening locked s
        • IANAL, but I I don't think so, though I wouldn't be surprised if there was an exception for tax evasion - US government treats tax cheating as a more serious crime than murder. About your comment to extent these things to terrorism and whatever other crimes the society deems highest priority, why not introduce this option: police can invoke the terror or child pornography exception, but if the suspect complies and there is no terrorism or child pornography evidence found, any and all evidence provided by t
        • by sjbe ( 173966 ) on Monday July 16, 2018 @08:06AM (#56955772)

          What if the cops find a safe in your house that they cannot open without destroying the contents. Could you be compelled to open it, or be held in contempt for failure to do so (in the USA)?

          IANAL but my understanding is that they cannot force you to reveal information you reasonably believe might be used to incriminate you and that cannot be obtained in another way. This would include passwords or safe combinations. They can force you to provide biometric identifiers or produce physical objects like keys though. This falls under the 5th amendment to the Constitution against self incrimination. However they can confiscate the safe and if they have the ability to crack the safe without your assistance they can do so provided they have an appropriate warrant.

          Here in the Netherlands, IIRC one cannot be compelled to assist in opening a locked safe except in cases where the search warrant is for a matter regarding taxes

          That's a gigantic loophole right there which would be abused in a nanosecond if it were an option here. My guess is that it is abused in the Netherlands too but that's conjecture on my part.

          However there are proposals to change the law to the effect that a suspect must assist in opening locked safes, unlocking locked phones, or decrypting files, in special cases like terrorism or (of course) child pornography.

          So two problems with that. 1) How do you tell the difference between someone who has forgotten the password and someone pretending to forget? Kind of unfair to send someone to jail for being forgetful. 2) Do you seriously think that law enforcement won't simply use those exceptions to bypass any legal protections the accused might have?

          • 1) You can't. In case of tax issues, they will probably just fine you. And jail you. And kill your dog. I have no idea how they intend to enforce this in other cases. A judge might be able to use some forensic evidence: if a file has been recently changed or a phone recently used, then it is not unreasonable to assume that the suspect still knows the password. Not 100% but enough to press the matter with a fine or short jail time.

            2) They still need a warrant, so in order to do this they need to tac
        • They can only compel you to open something locked if they can convince a judge that they have evidence proving that what they're looking for is in there. Like a cop swears that he saw you stash your pot in the safe and lock it.

          The Circuit Court in Minnesota decided several years ago that the same standard applies to computers. If the cop saw kiddie porn on your screen and you shut it off they can compel you to unlock it. Though maybe you take the six months in that case.

          What they're doing to this guy in

      • I thought there might be related cases. There certainly have been. See https://www.documentcloud.org/... [documentcloud.org] , where police were allowed to place defendants' fingers on phones or pads to unlock them..The judge basically allowed the state to gain access to existing, stored communications, and to compel the assistance of the defendant to access those communications.

    • by Anonymous Coward on Monday July 16, 2018 @06:25AM (#56955414)

      But you would not expect your home to be served a search warrent for a misdemeanor amount of weed in your car for a traffic stop either.

    • by Joce640k ( 829181 ) on Monday July 16, 2018 @06:41AM (#56955450) Homepage

      Wouldn't this be akin to a warrant for searching your house?

      You can't really say "I lost my house keys"

      Sure you can, but the cops will just break your door.

      The same goes for your safe (if you have one): "Forgot" the combination? Out comes the big angle grinder.

      The problem is that encryption works - they can't get past it by using brute force.

      • by pellik ( 193063 ) on Monday July 16, 2018 @09:01AM (#56956000)
        A safe combination can be protected by the 5th amendment and you don't have to reveal it. The 5th amendment only doesn't extend to digital passwords because, uh, the password itself isn't self incriminating. Nevermind that the safe combination isn't self incriminating. Don't look behind the curtain.
    • Wouldn't this be akin to a warrant for searching your house?

      Not really, no. And they can search your house without your cooperation. Under current law they cannot force you to divulge knowledge that could lead to you being incriminated. This currently includes passwords. The line in the sand they have drawn currently is that they can force you to provide biometrics but they cannot force you to reveal a password. In other words they can make you produce something you have or something you are but not something you know. Not sure I agree with that but at least i

    • by demonlapin ( 527802 ) on Monday July 16, 2018 @09:39AM (#56956200) Homepage Journal
      AIUI, you cannot legally refuse to produce physical objects like keys, but you can legally refuse to give them the contents of your mind - in this case, a password. However, you really should phrase this as "I plead the Fifth" instead of "I don't remember".
  • by solanum ( 80810 ) on Monday July 16, 2018 @06:16AM (#56955386)

    Good on him for standing up for his rights, but from a practical point of view, I wouldn't want that record hanging over me for the rest of my life (or until it expired). So I don't think I would have the guts.

    Of course, he could have had something worse to hide....

  • Holder (Score:5, Insightful)

    by mentil ( 1748130 ) on Monday July 16, 2018 @06:30AM (#56955430)

    Obviously Judge Holder wanted to show he held the power in that situation, so he held the defendant in contempt, leading to him being held in a cell for six months and beholding being beheld to the law despite holding onto his passwords, leading to a holding pattern to see if the appeals hold up, holding America in a state of held breath until the man's constitutional rights are upheld.

  • by Opportunist ( 166417 ) on Monday July 16, 2018 @06:39AM (#56955446)

    He didn't yield "properly" and didn't forfeit his rights, so a search dog was called?

    In other words, they were looking hard for some kind of shit to nail to his ass.

    • by gl4ss ( 559668 ) on Monday July 16, 2018 @06:52AM (#56955492) Homepage Journal

      well he didn't have a probable cause so he created a probable cause. he already detained him prior to the dog arriving, preventing him from leaving and going on with his day.

      if he didn't have a probable cause, how did he have probable cause for forcing a wait on the dog arriving?

      if the guy had a decent lawyer, they would do something about that.

      best advice is to probably just move the fuck out of that city and not give them any tax dollars.

    • I read a book called '400 Things Cops Know.' One of the things is that if a cop wants to pull over a car, they just follow it to the next stop sign. Nobody ever actually comes to a full stop for a stop sign, but legally you're supposed to. So, they pull you over for 'failure to stop at a stop sign' and go from there.
  • How is this legal? (Score:4, Insightful)

    by Errol backfiring ( 1280012 ) on Monday July 16, 2018 @07:00AM (#56955518) Journal

    , so the officer held him until a drug dog was brought in to give the officer enough probable cause to search the vehicle.

    In any civilized country (meaning one that adheres to the universal declaration of human rights) it is the other way around: only when you suspect someone of carrying drugs, you are allowed to call for the drug dog. This is a witch hunt.

    • Uh, yeah. That is what happened. The cops suspected he had drugs so brought in the drug dog. It isn't a "witch hunt". Marijunia is legal in some states here, not sure about Florida, but it is NOT legal to get high and drive around. This guy was probably high (failed to yield) and the cops likely smelled pot so brought in the dog. This is more anti-police BS. If you want to get high, go ahead. But don't drive.
  • A lot of people seem to be under this misguided impression that "I forgot" is some sort of automatic exit from the situation that lets them off the hook. Contrary to what a lot of people seem to believe, courts can and do evaluate whether a given statement is a "believable" one.

    • by religionofpeas ( 4511805 ) on Monday July 16, 2018 @07:08AM (#56955546)

      "I forgot" is a lame excuse. He should have said "I have no recollection of that".

    • If the defendant has made calls from their cell phone, or sent email or pictures from it in the recent past, there will be records that _can_ be subpoenaed effectively. That would provide good grounds for saying this defendant is lying , It would also be sensible that the judge has no desire to spend the time and effort to issue additional subpoenas.

  • Update (Score:4, Insightful)

    by lrichardson ( 220639 ) on Monday July 16, 2018 @07:31AM (#56955620) Homepage

    "No person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property..."

    'Should you choose to exercise this right, you will be held in contempt of court, and deprived of liberty.'

    -De facto amendment to the Fifth Amendment.

  • Weren't there a few cases recently where judges ruled that you can't be forced to give up your passwords under the 5th amendment rule against forced self incrimination?

    Or does the precedent in those cases not apply in this particular situation?

    • It probably does, but you can sit in a jail a long time waiting for the appeals judge to apply precedent...
  • by account_deleted ( 4530225 ) on Monday July 16, 2018 @07:42AM (#56955670)
    Comment removed based on user account deletion
  • by vikingpower ( 768921 ) on Monday July 16, 2018 @07:44AM (#56955678) Homepage Journal

    ...was what you US Americans used to have. Now all you've got left is the Bill. Also, didn't you use to have something named a Constitution. I seem to remember it wasn't perfect, but it was a lot better than whatever you've got now.

  • I remember the last time I went to renew my license to drive and I was asked for my signature. Before I signed I actually stopped to read what I was signing. I don't remember the actually wording but it was a release for searching me for drugs and alcohol at any time I am stopped by police. I don't recall the penalty but I believe it was simply a revocation of my license.

    I remember having to provide a signature in the past but that was only so the police had a signature on the license to compare to what was given at the time of signing a citation.

    So, what happens if I refuse a search at the time the police stop me? On one hand they could show a court I signed a release allowing a search. On the other there's precedent for people revoking permission at any time.

    Let's say I am stopped, I refuse a search, and now the police charge me for driving without a license because my refusal invalidated my license to drive. Does driving without a license allow for a search of my vehicle?

    This came up again when I came to a random checkpoint on the interstate. I was asked by a police officer for my license and insurance, and I initially refused. The officer just repeated the demand by shouting at me. I rolled my eyes and gave in. While the officer was looking at the papers I saw a dog being lead around my truck by another officer. The officer never called anyone to verify my documents were legitimate.

    When I got home I went to look up the law on these checkpoints. First thing was that by law the state patrol was required to publish where and when these checkpoints would occur in advance. I don't know if they did so but a small print notation in the back of a local newspaper would probably meet that standard. Then I saw that they were limited in what they can look for in these stops. They are health and safety, license and insurance, and captured game. Health and safety means that they can check that the brakes, lights, and indicators work, that people are wearing their seat belts, children are in proper child seats, no obstructions of view, that kind of thing. Checking for license and insurance is pretty self explanatory. Checking on captured game means that every dead critter in my vehicle must have a proper game tag, and that my hunting license is current. The dog might have been sniffing for pheasants in my truck but let's just say I doubted it. Without calling in for revoked license to drive, and that I had paid my insurance bill, they made no real attempt to verify my papers and therefore checked nothing of what they were allowed to check by law.

    Oh, another thing, while I was waiting to get free to move on my way I looked around to get an idea on how big of an operation this was. The cars were packed wide and deep at this abandoned truck stop or whatever it was. There were deputies from at least three counties there, and multiple K9 units from the state patrol.

    Seems to me that the police are taking their business of violating our rights very seriously.

  • by ahodgson ( 74077 ) on Monday July 16, 2018 @11:29AM (#56957052)

    The guy was pulled over on an extremely minor misdemeanor traffic stop. The cops had no absolutely no reason to even think about searching his car in the first place. The "drug dog " (which are widely known to be used to alert to whatever the handler points to) used as a tool to turn this into a criminal matter in the first place is the overreach here. The phone is a minor side story. Y'all already live in a police state and are arguing over which violation of your freedom is the one sinking the ship. The ship is on the bottom already.

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