Maybe There ARE EXTRA Added Benefits to the New Cell Phone Law !!

MauiKat · #1 07-02-2008, 11:22 PM

Driver talking on cell phone leads police on chase

The Associated Press
Article Last Updated: 07/02/2008 07:58:02 PM PDT

BEVERLY HILLS - A man who was pulled over for violating California's new hands-free cell phone law led police on a high-speed chase Wednesday in which he smashed into several parked cars and drove the wrong way onto the freeway.
An officer initially stopped the man in Beverly Hills because he was seen using a hand-held cell phone while driving a van, then he ran a check on the license plate and discovered the vehicle had been reported stolen, Lt. Tony Lee said.
When the officer approached the van, the man took off "driving recklessly at a very high speed," Lee said.
During the pursuit, the van struck two cars but did not cause any serious injuries, he said.
The suspect then drove south for about half a mile on the northbound Interstate 405 before pulling over to an embankment. Lee said he tried to carjack another motorist before fleeing on foot to surface streets in West Los Angeles.
The man, whose name was not immediately released, was captured a block from the freeway, Lee said.

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PersonaNonGrata · #2 07-03-2008, 01:49 AM

That is actually a great benefit of the new law. Not only does it help to make our streets somewhat safer but it provides reasonable suspicion for police to make a traffic stop that can lead to bigger and better crimes being detected. Maybe you pull over a guy for using a cellphone and find a kidnapped child or a car load of cocaine. It's all good.

B-Line · #3 07-03-2008, 02:19 AM

come on Kev,

Surely you must realize the abuse that will come from police abusing this new opportunity they have to harass the law abiding public.

Did I mention a meter maid give me a ticket yesterday because one of my tires was parked a .5 inch outside of a white line that was barely visible on a broken curb.

Where there is power, there will be abuse. I have seen police pulling people over like crazy over the past few days, more so than usual, arresting people, etc. My guess is, the new cell phone law is going to be taken advantage of and there will be a change to the law that will either:
a) Not allow police to pull over a driver for only being on a cell phone.
b) Not allow any evidence that is seized during a cell phone stop to be used in an unrelated crime case.

Again, I'm not an attorney, but lawyers love laws just like this because of the abuse police depts exhibit when new laws come in.

ACLU will be along soon I'm sure cause people like me don't consider it an extra added benefit. I would consider it a potential abuse of my civil liberties.

Quicksilver · #4 07-03-2008, 02:41 AM

With B-line on this one. Look for a certain amount of abuse for sure and a challenge regarding probable cause.

PersonaNonGrata · #5 07-03-2008, 02:43 AM

Quote:

Originally Posted by B-Line

come on Kev,

Surely you must realize the abuse that will come from police abusing this new opportunity they have to harass the law abiding public.

Did I mention a meter maid give me a ticket yesterday because one of my tires was parked a .5 inch outside of a white line that was barely visible on a broken curb.

Where there is power, there will be abuse. I have seen police pulling people over like crazy over the past few days, more so than usual, arresting people, etc. My guess is, the new cell phone law is going to be taken advantage of and there will be a change to the law that will either:
a) Not allow police to pull over a driver for only being on a cell phone.
b) Not allow any evidence that is seized during a cell phone stop to be used in an unrelated crime case.

Again, I'm not an attorney, but lawyers love laws just like this because of the abuse police depts exhibit when new laws come in.

ACLU will be along soon I'm sure cause people like me don't consider it an extra added benefit. I would consider it a potential abuse of my civil liberties.

Quote:

Originally Posted by Quicksilver

With B-line on this one. Look for a certain amount of abuse for sure and a challenge regarding probable cause.

I cannot rule out abuse in all cases but I must say that cops don't pull over law abiding citizens just to harass them. If someone is pulled over for talking on a cellphone then they deserve to be pulled over. That's not harassment, that's enforcing the law. It's just as if someone were pulled over for not having a front license plate. It is petty but it's the law. (I have been pulled over for that.) What appears to be abuse to some is actual strict enforcement. To be honest with you, most cops can't be bothered with hassling the law abiding public on something like this. If you saw people getting arrested during the traffic stops then it certainly wasn't for talking on a cellphone. That does not allow for arrest unless the person refuses to sign the promise to appear (ie. the ticket). The concept is called a pretext stop and they've been held to be legal. If I had to say what population would be subject to the use of the cellphone law as a pretext to stop would be population already known to the police.

The ACLU will not take any action because they have no legal basis on this issue. It's been law for a long time that so long as police have reasonable suspicion that a crime is afoot, any crime, however small, they can detain a person. That includes traffic stops. This is a firmly rooted legal principle. Some people hate it but that's the way it is. If you can, I highly recommend you go on a ride-along with a police department. I don't know if you know some cops in your area but it could be a very interesting experience. I highly encourage it.

Sorry about your meter maid ticket. They are merciless. I think that sometimes the meters run fast on purpose, just like red light cameras have shorter amber phases. We all know that cities don't make money on the quarters being fed in to the meters. It's the tickets that make the real money.

Quicksilver · #6 07-03-2008, 02:51 AM

Sorry Kevin that's just not true. It's happened to me on more than one occasion. Granted it's been a while but believe me it does happen.

Quote:

Originally Posted by PersonaNonGrata

I must say that cops don't pull over law abiding citizens just to harass them.

If your talking about cell phone stops well let me tell you the CHP is taking the time here in Norcal. What happens in addition to that is anyone's guess.

Quote:

Originally Posted by PersonaNonGrata

To be honest with you, most cops can't be bothered with hassling the law abiding public on something like this.

Eric5273 · #7 07-03-2008, 03:36 AM

Quote:

Originally Posted by PersonaNonGrata

Maybe you pull over a guy for using a cellphone and find a kidnapped child or a car load of cocaine. It's all good.

Maybe they should set up checkpoints around the state and stop everyone and check for these kinds of crimes. I'm sure they would catch a lot more criminals.

PersonaNonGrata · #8 07-03-2008, 12:02 PM

Quote:

Originally Posted by Eric5273

Maybe they should set up checkpoints around the state and stop everyone and check for these kinds of crimes. I'm sure they would catch a lot more criminals.

So how do you feel about DUI checkpoints then? Scrap them? Too much inconvenience for the motoring public? Too much of an invasion of privacy? Menace to society or a minor intrusion for greater safety?