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Guard asking for Mobile

  • 29-06-2014 4:11pm
    #1
    Rucking_Fetard
    Closed Accounts Posts: 1,260 ✭✭✭


    Can a Guard, that's pulled you over thinking you were on the phone, ask to see your Phone AND THEN the Phones of anyone else in the Vechicle?

    You assume they're checking Call Logs but who knows.


Comments

  • #2
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    He can ask you do do anything. He cannot demand it. He'll just ticket you and note you refused to show him your phone to verify you weren't on it.


  • #3
    Rucking_Fetard
    Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard


    Little CuChulainn wrote: »
    He can ask you do do anything. He cannot demand it. He'll just ticket you and note you refused to show him your phone to verify you weren't on it.
    So a passenger can tell him No, without comeback?


  • #4
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Little CuChulainn wrote: »
    He can ask you do do anything. He cannot demand it. He'll just ticket you and note you refused to show him your phone to verify you weren't on it.

    Not sure why he'd want to see the phone, since it being in use makes little difference to the offence.

    "It is an offence to hold a mobile phone in your hand or support it with another part of your body". So, a call log doesn't matter.


  • #5
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Rucking_Fetard wrote: »
    So a passenger can tell him No, without comeback?

    If he asks you can say no. If he demands it then you should probably comply but feel free to make a complaint afterwards.


  • #6
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Paulw wrote: »
    Not sure why he'd want to see the phone, since it being in use makes little difference to the offence.

    "It is an offence to hold a mobile phone in your hand or support it with another part of your body". So, a call log doesn't matter.

    He's basically going to use it to see if he should give you the benefit of the doubt. You can be sure if you don't let him check it he'll go ahead with the ticket.


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  • #7
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    If you weren't on the phone just show him the phone.. You're well within in your rights to ask for clarification as to why


  • #8
    Rucking_Fetard
    Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard


    GrayFox208 wrote: »
    If you weren't on the phone just show him the phone.. You're well within in your rights to ask for clarification as to why
    I was a passenger asked. I gave it as wasn't sure of Rights.

    But even having looked at both phones, Guard kept drumming on that the Driver was on the Phone. Neither Phone was in use.

    He gave up after 20 Minutes, developed an attitude and decided to do what felt like an NCT--> Must have been Bored.:rolleyes: No work to do probably.

    I'll refuse to give it in Future.


  • #9
    Manach
    Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    Slightly tangential, there was US judgement that police cannot access the data on the phone, without a warrant, due to privacy issues. As we have stronger data protection laws here, then an interesting ruling.


  • #10
    Rucking_Fetard
    Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard


    Manach wrote: »
    Slightly tangential, there was US judgement that police cannot access the data on the phone, without a warrant, due to privacy issues. As we have stronger data protection laws here, then an interesting ruling.
    http://www.vox.com/2014/6/25/5841936/supreme-court-cell-phone-privacy-wurie-riley-roberts-decision-nsa

    9688712362_064b9e8c75_o.jpg


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