Pennsylvania Firearm Owners Association
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  1. #1
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    Default 4th Amendment rights ???

    So watching TV and the Geico pig commercial comes on, the one with the insurance card on the smart phone. Got me to thinking about handing over the phone as proof of insurance, since you willingly hand it over would the officer be allowed to search the contents while it was in their possession ?
    And how would the fourth amendment play out in your own defense?

    Amendment IV

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


    Just one of those things that pops into the gray matter sometimes.
    I just flew the Millennium Falcon through the hole in your logic 2A6X1

  2. #2
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    Default Re: 4th Amendment rights ???

    I'm not a lawyer so my answer to the topic at hand likely won't be much help.

    I did wonder while seeing that commercial this morning, how is a picture on a cell phone proof of anything? Can't someone just create a meme photo from one of those generator sites with anything they want on it? Is that legal proof these days? I saw a woman at a store trying to use a coupon on her cell phone, and the store told her to GTFO.

  3. #3
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    Taylor, Pennsylvania
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    Default Re: 4th Amendment rights ???

    First time i saw that commercial i thought "who would be dumb enough to let an officer see their smart phone?"

  4. #4
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    Default Re: 4th Amendment rights ???

    Quote Originally Posted by Mattintaylor View Post
    First time i saw that commercial i thought "who would be dumb enough to let an officer see their smart phone?"
    The Sheeple.
    I always stressed to my son"one shot one kill that was all that is needed". When He came home from Marine Corp Boot camp He was telling me about the Marines stressing "ONE SHOT ONE KILL" He looks at me and the light bulb went on Dad was now a whole lot smarter than he was 13 weeks ago.

  5. #5
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    Default Re: 4th Amendment rights ???

    Most people would be shocked at just how limited the scope of the 4th amendment is nowadays, and just how much power and latitude .gov has. The 4th amendment wasn't all that strong when GW Bush took office, and he pretty much destroyed all that was left.

  6. #6
    Join Date
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    Default Re: 4th Amendment rights ???

    Quote Originally Posted by fortysix View Post
    I did wonder while seeing that commercial this morning, how is a picture on a cell phone proof of anything? Can't someone just create a meme photo from one of those generator sites with anything they want on it? Is that legal proof these days?
    Well, can't someone just type up and print a paper proof of insurance? I always assumed they ran the number or something. I think the phone just provides one less thing to worry about. My parents constantly forget to print their new proofs and put them in their cars, I always have to straighten it out for them when I visit.

    Quote Originally Posted by Mattintaylor View Post
    First time i saw that commercial i thought "who would be dumb enough to let an officer see their smart phone?"
    That's the right question. I feel as soon as it becomes standard practice officers will have a quick plug-in-and-download feature on their cruiser laptops to scan for anything "suspicious"... you know... for public safety

  7. #7
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    Default Re: 4th Amendment rights ???

    Quote Originally Posted by fortysix View Post
    I saw a woman at a store trying to use a coupon on her cell phone, and the store told her to GTFO.
    Actually there are many such services and apps these days. Nothing says the store has to accept them, but they do exist for those that do, and for the customers internet/phone savvy enough to get them.

  8. #8
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    Default Re: 4th Amendment rights ???

    Quote Originally Posted by jpkotor View Post
    That's the right question. I feel as soon as it becomes standard practice officers will have a quick plug-in-and-download feature on their cruiser laptops to scan for anything "suspicious"... you know... for public safety
    20 minutes after that becomes standard practice, there will be apps available to instantly return your phone to an irrecoverable factory reset condition. Probably even with multiple rewrites to the memory and SD cards, just to be sure.

  9. #9
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    Default Re: 4th Amendment rights ???

    Well, the Supreme court has ruled that the Police may search through your cellphone if arrested without a warrant. Don't hand your cellphone to a Police officer and password protect it.
    Corruption is the default behavior of government officials. JPC

  10. #10
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    Default Re: 4th Amendment rights ???

    Quote Originally Posted by JenniferG View Post
    Well, the Supreme court has ruled that the Police may search through your cellphone if arrested without a warrant. Don't hand your cellphone to a Police officer and password protect it.

    It's a shame that in the name of border safety any electronics can be seized if you're within 100 miles of any US border (including oceanic borders).

    You don't have to give it up willingly, but they're allowed to take it.

    I believe this only applies to DHS.

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