CopTalk

"It looks like R2-D2."

"You can't fix stupid."

"Don't eat the last taco."

Summary

In this episode, we discuss various topics related to law enforcement, including updates on their lives, pursuit techniques, car theft prevention, legal questions regarding vehicle modifications, interactions during traffic stops, domestic violence issues, and amusing stories about stupid criminals. With emphasis the importance of safety and legal knowledge while sharing personal anecdotes and insights from their experiences in law enforcement.

Takeaways

The importance of staying updated on law enforcement techniques.

New technologies like GPS tracker darts are changing pursuits.

Car theft is a growing concern, especially with key fob vulnerabilities.

Legal questions often require consulting local DMV or highway patrol.

Proper conduct during traffic stops can enhance safety for both drivers and officers.

Domestic violence situations require careful handling and legal awareness.

Anonymous tips can lead to serious investigations by law enforcement.

Stupid criminal stories highlight the absurdity of some situations.

Humor is essential in dealing with the darker sides of law enforcement.

Always prioritize safety and legal compliance in all situations.

If you would like us to try to answer your questions please submit your question on our site.

Summary

Pardon the audio issues this week, the show was interrupted with a major power failure that could easily have been caused by a potential zombie invasion in progress. But we tried to patch it all back together. We leave in the incident to show we are humans just like all of our listeners and because chaos can be more fun to listen too.

In this episode of the podcast, we discuss various topics related to law enforcement, including the use of bullet-resistant vests, retrieving personal belongings after a dispute, eligibility for becoming a police officer with a felony conviction, and the complexities of divorce and property disputes. We also share personal experiences with police pursuits, signs of kidnapping and sex trafficking, and the legality of aftermarket vehicle modifications. Additionally, they address the legality of driving topless in Michigan and police protocol in murder cases, concluding with a discussion on the legal implications of opening someone else's mail.

Takeaways

The use of bullet-resistant vests is often for the protection of high-profile suspects.

Retrieving personal belongings can be complicated, especially across state lines.

Expunged felony convictions may not always disqualify someone from becoming a police officer.

Divorce disputes can complicate property retrieval, requiring legal advice.

Police pursuit policies vary by agency and can impact crime rates.

Signs of potential kidnapping or trafficking can be subtle and require vigilance.

Aftermarket vehicle modifications may not meet legal standards and can lead to traffic stops.

Driving topless may be considered indecent exposure in some states.

Police protocol for questioning murder suspects typically involves detaining them for safety.

Opening someone else's mail can have legal implications, especially for minors.

Chapters

00:00 Introduction and Background

02:03 Understanding Bullet-Resistant Vests

05:02 Retrieving Personal Belongings

07:44 Eligibility to Become a Police Officer

10:19 Divorce and Property Disputes

13:30 Police Pursuits: Experiences and Policies

22:19 Signs of Kidnapping and Sex Trafficking

27:43 Aftermarket Vehicle Modifications

32:49 Driving Topless: Legal Considerations

35:46 Police Protocol in Murder Cases

36:47 Opening Mail: Legal Implications

Summary

In this episode, we discuss various topics related to law enforcement, including the criteria for 5150 holds, current crime trends such as jewelry thefts and vehicle thefts, and the legal landscape surrounding ATVs and knives. We also delve into the complexities of traffic stops, the effectiveness of warnings versus tickets, and the unique challenges posed by bounty hunters. Additionally, the episode features humorous anecdotes from patrol experiences and addresses safety concerns regarding airsoft and gel blasting guns. The conversation wraps up with a look at unusual crime stories making headlines.

Takeaways

Open mics can lead to humorous and awkward situations for officers.

5150 holds are based on the criteria of danger to self or others.

Current crime trends include jewelry thefts and vehicle thefts for criminal activities.

Stolen vehicles are often used in other crimes, creating a cycle of danger.

ATV regulations vary by state, with specific licensing requirements.

Knife laws differ significantly between states, especially regarding blade length.

Traffic stops can be influenced by the norms of driving behavior in an area.

Warnings can sometimes be more effective than tickets in changing driver behavior.

The presence of recording devices has changed interactions between police and the public.

Bounty hunters have different legal requirements and can create dangerous situations.

Chapters

00:00 Introduction and Recap of Previous Episode

03:07 Understanding 5150 Holds and Mental Health Interventions

05:55 Current Crime Trends: Jewelry Swaps and Vehicle Thefts

08:48 The Impact of Stolen Vehicles on Crime

11:50 ATV Regulations and Licensing in Arizona

14:41 Knife Laws and Carrying Regulations

17:33 Traffic Stops and Police Accountability

20:17 The Role of Warnings vs. Tickets

23:16 The Influence of Norms on Traffic Enforcement

25:49 Funny Tales from Patrol

28:47 Airsoft and Gel Blasting Guns: Safety Concerns

31:42 Crazy Encounters with Law Enforcement

34:20 Handling Domestic Violence Situations

37:03 Bounty Hunters and Legal Implications

39:47 Window Tint Laws and Enforcement

42:37 In the News: Unusual Crime Stories

01:01:33 Police_Remix_2.mp3

Summary

In this episode, the we discuss various topics related to law enforcement, including the role of social workers in police work, the dynamics of traffic stops, mental health issues, personal anecdotes from their experiences, legal questions regarding traffic stops and gun laws, neighborhood conflicts, and career aspirations in law enforcement. The conversation highlights the challenges and complexities faced by police officers in today's society.

We also discuss various legal questions and scenarios, ranging from neighborhood confrontations and public safety to privacy rights and DUI laws. They explore the implications of public information, the legality of recording others, and the rights of individuals in public parks. The conversation also touches on parental rights, electric bike regulations, and the use of force in property protection. Additionally, the hosts share humorous and absurd news stories about criminal behavior, highlighting the often ridiculous lengths to which individuals will go to evade the law.

"We made it to episode two!"

"Don't break into Ed's house!"

"Can I call the police on him?"

Takeaways

Social workers are increasingly being sent to 5150 calls.

Traffic stops can escalate quickly, especially with instigators.

Mental health issues are a growing concern in law enforcement.

Body cameras can protect officers during interactions.

Honesty is crucial when applying for police positions.

The legal landscape for gun ownership varies significantly by state.

Community relations are essential for effective policing.

Personal anecdotes can provide insight into police work.

Navigating difficult neighbors can be a challenge for residents.

Joining the military can be a viable path to law enforcement. Neighborhood dynamics can complicate confrontations.

Public information laws vary by state.

DUI arrests can have different legal implications based on circumstances.

Recording others can raise privacy concerns.

Public parks should be accessible to all without unnecessary confrontation.

Parental rights can be complex, especially for minors.

Electric bike regulations differ by state and county.

Use of force laws vary significantly by location.

DUI laws for RVs can depend on whether the vehicle is parked or in use.

Criminal behavior often leads to humorous and absurd situations.

Chapters

00:00 Introduction and Current Events

03:04 Social Workers in Law Enforcement

05:58 Traffic Stops and Public Interactions

08:48 Mental Health and Law Enforcement

11:51 Personal Stories from the Field

14:38 Gun Laws and Regulations

17:29 Navigating Legal Complexities

20:15 Advice for Aspiring Officers

23:24 Dealing with Difficult Neighbors

38:26 Confrontations and Neighborhood Dynamics

40:57 Public Information and Privacy Concerns

43:11 Legal Implications of DUI Arrests

45:59 Recording and Surveillance Issues

49:36 Public Park Access and Rights

52:26 Parental Rights and Responsibilities

53:32 Electric Bike Regulations

58:39 Use of Force and Property Protection

01:04:49 DUI Laws and RVs

01:08:58 Stupid Criminals in the News

Feel free to submit your questions here:

https://www.coptalk.info/askacop to ask your questions

Summary

In this episode, the we discuss various topics related to law enforcement, including the role of social workers in police work, the dynamics of traffic stops, mental health issues, personal anecdotes from their experiences, legal questions regarding traffic stops and gun laws, neighborhood conflicts, and career aspirations in law enforcement. The conversation highlights the challenges and complexities faced by police officers in today's society. We also discuss various legal questions and scenarios, ranging from neighborhood confrontations and public safety to privacy rights and DUI laws. They explore the implications of public information, the legality of recording others, and the rights of individuals in public parks. The conversation also touches on parental rights, electric bike regulations, and the use of force in property protection. Additionally, the hosts share humorous and absurd news stories about criminal behavior, highlighting the often ridiculous lengths to which individuals will go to evade the law.

"We made it to episode two!""Don't break into Ed's house!""Can I call the police on him?"Takeaways

Social workers are increasingly being sent to 5150 calls.

Traffic stops can escalate quickly, especially with instigators.

Mental health issues are a growing concern in law enforcement.

Body cameras can protect officers during interactions.

Honesty is crucial when applying for police positions.

The legal landscape for gun ownership varies significantly by state.

Community relations are essential for effective policing.

Personal anecdotes can provide insight into police work.

Navigating difficult neighbors can be a challenge for residents.

Joining the military can be a viable path to law enforcement. Neighborhood dynamics can complicate confrontations.

Public information laws vary by state.

DUI arrests can have different legal implications based on circumstances.

Recording others can raise privacy concerns.

Public parks should be accessible to all without unnecessary confrontation.

Parental rights can be complex, especially for minors.

Electric bike regulations differ by state and county.

Use of force laws vary significantly by location.

DUI laws for RVs can depend on whether the vehicle is parked or in use.

Criminal behavior often leads to humorous and absurd situations.

Chapters

00:00 Introduction and Current Events03:04 Social Workers in Law Enforcement05:58 Traffic Stops and Public Interactions08:48 Mental Health and Law Enforcement11:51 Personal Stories from the Field14:38 Gun Laws and Regulations17:29 Navigating Legal Complexities20:15 Advice for Aspiring Officers23:24 Dealing with Difficult Neighbors38:26 Confrontations and Neighborhood Dynamics40:57 Public Information and Privacy Concerns43:11 Legal Implications of DUI Arrests45:59 Recording and Surveillance Issues49:36 Public Park Access and Rights52:26 Parental Rights and Responsibilities53:32 Electric Bike Regulations58:39 Use of Force and Property Protection01:04:49 DUI Laws and RVs01:08:58 Stupid Criminals in the News

Feel free to submit your questions here:

https://www.coptalk.info/askacop to ask your questions

Summary

In this episode of the CopTalk podcast, Brent, Mark, and Ed reunite after 15 years to discuss their lives, careers, and the relevance of past discussions in today's context. They address listener questions on various topics, including mental health, custody exchanges, police procedures, traffic safety, and online security. The conversation emphasizes the importance of seeking help, understanding law enforcement practices, and staying safe in both physical and digital environments. The episode concludes with reflections on some current events.Takeaways

The podcast has returned after 15 years.

Life updates reveal diverse career paths.

Past discussions remain relevant today.

Listeners are encouraged to ask questions.

Mental health support is crucial.

Civil standbys can ensure safe custody exchanges.

Understanding police procedures is important.

Seatbelt use significantly impacts safety.

Online security is a growing concern.

Humor and anecdotes enrich the conversation.Chapters

56:04 Future Podcast Plans and Closing Thoughts

00:00 Reunion and Reflections on the Past Podcast

02:53 Life Updates and Career Transitions

05:55 The Relevance of Past Discussions

08:36 Addressing Listener Questions

14:40 Mental Health and Seeking Help

19:34 Custody Exchanges and Safety Concerns

25:04 Handling Unusual Situations in Law Enforcement

28:15 Responding to Non-Emergency Calls

30:37 The Importance of Valid Search Warrants

33:15 Seatbelt Safety and Public Perception

38:33 Dealing with Online Security Breaches

42:04 Addressing Paranoia and Conspiracy Theories

44:30 Traffic Laws and Turning at Intersections

46:03 Traffic Laws and Helmet Regulations

47:24 Vehicle Lighting Regulations in Michigan

50:22 Handling Unusual Arrest Situations

Feel free to submit your questions here:

https://www.coptalk.info/askacop to ask your questions

Feel free to ignore this test file - We need to put it up to make sure all podcast links are updating properly. Do not mind the mess as we work to get our almost 20 year plus podcast back up and running for future episodes answering your questions.

Feel free to submit your questions here:

https://www.coptalk.info/askacop to ask your questions

In the News

Cameras and the Police - More coming in the next show....

NY Protests

In The News:

http://www.azcentral.com/video/1150177012001

Phoenix Az brothel poses as church

http://www.contracostatimes.com/weird-news/ci_18884594

Courts--Man sues white castle over booth size

http://www.contracostatimes.com/weird-news/ci_18883879

burglar tries to claim reward money

http://policelink.monster.com/news/articles/155535-off-duty-cop-dressed-as-clown-kills-teen-robber

http://www.ohio.com/news/break-news/jail-inmate-lack-of-porn-violates-u-s-constitution-1.223893

http://policelink.monster.com/news/articles/155485-didnt-expect-to-lose-finger-says-man-who-shot-off-wart

http://www.huffingtonpost.com/2011/09/12/man-who-exposed-himself-t_n_958955.html#s359950&title=Daphne_Melin

http://www.huffingtonpost.com/2011/09/15/gumby-theif-boss-joe-clokey-robbery-video_n_963507.html

Gumby Robbery

NJ police chief: Double-parking wife not above law

The Associated Press

Posted: 09/29/2011 10:14:13 AM PDT

LODI, N.J. A New Jersey police chief says "no one is above the law”, not even his wife.

Lodi (LOH'-deye) Police Chief Vincent Caruso ordered an officer to ticket his wife after she double parked while dropping off their 5-year-old son at school.

Caruso told The Record newspaper ( http://bit.ly/pksv9y) he didn't want her to get any special treatment because of who she is. The chief paid the $54 ticket. It's not the first time for Paula Caruso. The chief ordered another officer to ticket her two years ago, after she forgot to move their vehicle for street cleaning. The chief told the newspaper, he loves his wife and she's very busy driving their four sons around. His wife couldn't be reached for comment Thursday. The Carusos' phone number is unlisted.

Associated Press Posted: 10/03/2011 08:27:37 AM PDT Updated: 10/03/2011 08:29:33 AM PDT

OAKLAND, Calif. (AP) -- An Oakland officer's city-issued video camera shows the shooting death of an armed suspect during a struggle with police. The Police Department won't release details on what is depicted in the video of the Sept. 25 incident. The San Francisco Chronicle says the city of Oakland paid $540,000 for 350 wearable cameras last year from Vievu of Seattle. The cameras are worn on the chest of officers. Investigators say two officers pulled over a car and the passenger, who had a gun and drugs, fled on foot. One of the officers caught the suspect and shot him during a struggle. The name of the suspect and the officers has been withheld.

A pair of Alabama conservation enforcement officers think they've come up with the perfect way for avid hunters to honor their loved ones for eternity. Officers Thad Holmes and Clem Parnell have launched Holy Smoke LLC, a company that will, for a price, load cremated human ash into shotgun shells, and rifle and pistol cartridges.

It's the perfect life celebration for someone who loves the outdoors or shooting sports, Parnell says.

"This isn't a joke. It's a job that we take very seriously," he said. "This is a reverent business. We take the utmost care in what we do and show the greatest respect for the remains."

The company, launched in July, shipped out its first two orders on Sept. 16 - one from Florida and one from Kentucky - Holmes says. It has established www.myholysmoke.com to promote the service and traffic on it has been growing, Holmes says.

For $850, one pound of ash will be loaded into 250 shotgun shells. The ash is mixed in the cups that hold the shot, not the powder. The same amount of ash will fill the bullets of 100 standard caliber center-fire rifle rounds or 250 pistol rounds. For the rifle and pistol ammunition, the ash is put into the tips of hollow-point bullets with the cavity sealed with wax. Any remaining ash is shipped back to the customer, along with the loaded ammunition.

"Some people have been concerned that a small amount of ash will remain in the animal that is shot with the ammunition, Holmes said. "But it's just carbon, and a small amount at that. You don't have anything to worry about." The process takes about 48 hours from the time the ashes are received, Holmes said. "The people we use are all experienced reloaders and know exactly what we want them to do, he said. "Only one bag of ash will be opened at a time, and the equipment will be thoroughly cleaned before the next set of remains is loaded.

Tim Godwin, a Montgomery landscaping company owner and avid hunter, says he sees no problem with the practice.

"People have had their ashes sprinkled in rivers and the ocean, there have been ashes spread out of airplanes," he said. "If you love hunting or the outdoors, this really isn't much different."

People should take care in with how the meat that is shot with this ammunition is handled, cautions Robert Chapin, a toxicologist who worked for 18 years at the National Institute of Environmental Health Sciences.

The animal should be killed quickly by the shot, to prevent any possibility of spreading the ashes in the animal's blood, he says. The area around where the animal was struck should not be consumed.

"I would expect that the ashes would pose less of a problem than any lead pellets historically used," Chapin says.

------------------------------------------------------------------------------------------------------------------------------------------------------------

Serious crimes to warn people about http://www.contracostatimes.com/crime-courts/ci_18884334

SJSU sexual assault (Don't walk alone, don't take risk)

-----------------------------------------------------------------------------------------------------------------------------------------------------------

And a recent local robbery where 2 suspects used a ruse to get an elderly couple in their 70's to open their door at 0130 hrs, tied up the woman and beat the man until he opened a safe.

------------------------------------------------------------------------------------------------------------------------------------------------------------

Subject: New California law bans warrantless cell phone searches

http://edition.cnn.com/2011/09/20/tech/mobile/california-phone-search-law/

New law bans warrantless cell phone searches

Editor's note: Amy Gahran writes about mobile tech for CNN.com. She is a San Francisco Bay Area writer and media consultant whose blog, Contentious.com, explores how people communicate in the online age.

(CNN) -- If you get arrested in California for any reason, the photos, e-mails and other personal data on your cell phone are now a bit safer from prying police eyes. A new law now requires law-enforcement officers in that state to obtain a warrant before searching the cell phone of a person placed under arrest.

This law overrides a January ruling by the California Supreme Court. According to California Sen. Mark Leno, who sponsored the legislation, this ruling had "legalized the warrantless search of cell phones during an arrest, regardless of whether the information on the phone is relevant to the arrest or if criminal charges are ever filed."

The new California law unanimously passed in the state Assembly. Today the office of Gov. Jerry Brown confirmed that since the governor did not make a specific decision on this legislation, it became automatically enrolled as a law this week.

Under this legislation, California law enforcement officers must first obtain a search warrant when there is probable cause to believe a suspect's portable electronic device contains evidence of a crime.

The Peace Officers Research Association of California, which opposed the law, argued: "Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law, fight crime, discover evidence valuable to an investigation and protect the citizens of California."

The California legislature disagreed, finding that "once in the exclusive control of the police, cellular telephones do not ordinarily pose a threat to officer safety." Furthermore, lawmakers found that existing practices -- including confiscating the phone (without searching it) or promptly applying to a judge for a search warrant -- alleviate concerns about destruction of evidence.

This isn't just about cell phones. The wording of this law specifically refers to "portable electronic devices," defined as: "any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications."

So in addition to cell phones this might conceivably cover tablet computers, laptops, netbooks, e-readers, media players, gaming devices, digital cameras, audio recorders, external hard drives, flash drives and other devices available now or in the future.

The new law can strengthen the rights to freedom of speech and assembly in California. The prior court ruling -- though aimed mainly at gathering evidence about criminal activity such as drug deals or prostitution -- also could be used by police to gain intelligence about the identities or activities of people at protests or other public or private gatherings.

Hanni Fakhoury, staff attorney for the Electronic Frontier Foundation, explained why law-abiding citizens should worry about warrantless cell phone searches. "It's really easy to pick on people who have been arrested and charged with crimes. But that subset could get expanded to cover everyone. Also, an arrest is not the same as a conviction."

The new law also strengthens California's protections for journalists and their sources, according to the California Newspaper Publishers Association. The state's "shield law," which prohibits the state or other litigants from subpoenaing reporters' unpublished notes or other sensitive information related to their work.

Many reporters keep such information on their cell phones and other devices, and it's not unheard of for journalists to get arrested in California.

In the News

Cameras and the Police - More coming in the next show....

NY Protests

In The News:

http://www.azcentral.com/video/1150177012001

Phoenix Az brothel poses as church

http://www.contracostatimes.com/weird-news/ci_18884594

Courts--Man sues white castle over booth size

http://www.contracostatimes.com/weird-news/ci_18883879

burglar tries to claim reward money

http://policelink.monster.com/news/articles/155535-off-duty-cop-dressed-as-clown-kills-teen-robber

http://www.ohio.com/news/break-news/jail-inmate-lack-of-porn-violates-u-s-constitution-1.223893

http://policelink.monster.com/news/articles/155485-didnt-expect-to-lose-finger-says-man-who-shot-off-wart

http://www.huffingtonpost.com/2011/09/12/man-who-exposed-himself-t_n_958955.html#s359950&title=Daphne_Melin

http://www.huffingtonpost.com/2011/09/15/gumby-theif-boss-joe-clokey-robbery-video_n_963507.html

Gumby Robbery

NJ police chief: Double-parking wife not above law

The Associated Press

Posted: 09/29/2011 10:14:13 AM PDT

LODI, N.J. A New Jersey police chief says no one is above the law, not even his wife.

Lodi (LOH'-deye) Police Chief Vincent Caruso ordered an officer to ticket his wife after she double parked while dropping off their 5-year-old son at school.

Caruso told The Record newspaper ( http://bit.ly/pksv9y) he didn't want her to get any special treatment because of who she is. The chief paid the $54 ticket. It's not the first time for Paula Caruso. The chief ordered another officer to ticket her two years ago after she forgot to move their vehicle for street cleaning. The chief told the newspaper he loves his wife and she's very busy driving their four sons around. His wife couldn't be reached for comment Thursday. The Carusos' phone number is unlisted.

Associated Press Posted: 10/03/2011 08:27:37 AM PDT Updated: 10/03/2011 08:29:33 AM PDT

OAKLAND, Calif. (AP) -- An Oakland officer's city-issued video camera shows the shooting death of an armed suspect during a struggle with police. The Police Department won't release details on what is depicted in the video of the Sept. 25 incident. The San Francisco Chronicle says the city of Oakland paid $540,000 for 350 wearable cameras last year from Vievu of Seattle. The cameras are worn on the chest of officers. Investigators say two officers pulled over a car and the passenger, who had a gun and drugs, fled on foot. One of the officers caught the suspect and shot him during a struggle. The name of the suspect and the officers has been withheld.

A pair of Alabama conservation enforcement officers think they've come up with the perfect way for avid hunters to honor their loved ones for eternity. Officers Thad Holmes and Clem Parnell have launched Holy Smoke LLC, a company that will, for a price, load cremated human ash into shotgun shells, and rifle and pistol cartridges.

It's the perfect life celebration for someone who loves the outdoors or shooting sports, Parnell says.

"This isn't a joke. It's a job that we take very seriously," he said. "This is a reverent business. We take the utmost care in what we do and show the greatest respect for the remains."

The company, launched in July, shipped out its first two orders on Sept. 16 - one from Florida and one from Kentucky - Holmes says. It has established www.myholysmoke.com to promote the service and traffic on it has been growing , Holmes says.

For $850, one pound of ash will be loaded into 250 shotgun shells. The ash is mixed in the cups that hold the shot, not the powder. The same amount of ash will fill the bullets of 100 standard caliber center-fire rifle rounds or 250 pistol rounds. For the rifle and pistol ammunition, the ash is put into the tips of hollow-point bullets with the cavity sealed with wax. Any remaining ash is shipped back to the customer, along with the loaded ammunition.

"Some people have been concerned that a small amount of ash will remain in the animal that is shot with the ammunition, Holmes said. "But it's just carbon, and a small amount at that. You don't have anything to worry about." The process takes about 48 hours from the time the ashes are received, Holmes said. "The people we use are all experienced reloaders and know exactly what we want them to do, he said. "Only one bag of ash will be opened at a time, and the equipment will be thoroughly cleaned before the next set of remains is loaded.

Tim Godwin, a Montgomery landscaping company owner and avid hunter, says he sees no problem with the practice.

"People have had their ashes sprinkled in rivers and the ocean, there have been ashes spread out of airplanes," he said. "If you love hunting or the outdoors, this really isn't much different."

People should take care in with how the meat that is shot with this ammunition is handled, cautions Robert Chapin, a toxicologist who worked for 18 years at the National Institute of Environmental Health Sciences.

The animal should be killed quickly by the shot, to prevent any possibility of spreading the ashes in the animal's blood, he says. The area around where the animal was struck should not be consumed.

"I would expect that the ashes would pose less of a problem than any lead pellets historically used," Chapin says.

------------------------------------------------------------------------------------------------------------------------------------------------------------

Serious crimes to warn people about http://www.contracostatimes.com/crime-courts/ci_18884334

SJSU sexual assault  (Don't walk alone, don't take risk)

-----------------------------------------------------------------------------------------------------------------------------------------------------------

And a recent local robbery where 2 suspects used a ruse to get an elderly couple in their 70's to open their door at 0130 hrs, tied up the woman and beat the man until he opened a safe.

------------------------------------------------------------------------------------------------------------------------------------------------------------

Subject: New California law bans warrantless cell phone searches

http://edition.cnn.com/2011/09/20/tech/mobile/california-phone-search-law/

New law bans warrantless cell phone searches

Editor's note: Amy Gahran writes about mobile tech for CNN.com. She is a San Francisco Bay Area writer and media consultant whose blog, Contentious.com, explores how people communicate in the online age.

(CNN) -- If you get arrested in California for any reason, the photos, e-mails and other personal data on your cell phone are now a bit safer from prying police eyes. A new law now requires law-enforcement officers in that state to obtain a warrant before searching the cell phone of a person placed under arrest.

This law overrides a January ruling by the California Supreme Court. According to California Sen. Mark Leno, who sponsored the legislation, this ruling had "legalized the warrantless search of cell phones during an arrest, regardless of whether the information on the phone is relevant to the arrest or if criminal charges are ever filed."

The new California law unanimously passed in the state Assembly. Today the office of Gov. Jerry Brown confirmed that since the governor did not make a specific decision on this legislation, it became automatically enrolled as a law this week.

Under this legislation, California law enforcement officers must first obtain a search warrant when there is probable cause to believe a suspect's portable electronic device contains evidence of a crime.

The Peace Officers Research Association of California, which opposed the law, argued: "Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law, fight crime, discover evidence valuable to an investigation and protect the citizens of California."

The California legislature disagreed, finding that "once in the exclusive control of the police, cellular telephones do not ordinarily pose a threat to officer safety." Furthermore, lawmakers found that existing practices -- including confiscating the phone (without searching it) or promptly applying to a judge for a search warrant -- alleviate concerns about destruction of evidence.

This isn't just about cell phones. The wording of this law specifically refers to "portable electronic devices," defined as: "any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications."

So in addition to cell phones this might conceivably cover tablet computers, laptops, netbooks, e-readers, media players, gaming devices, digital cameras, audio recorders, external hard drives, flash drives and other devices available now or in the future.

The new law can strengthen the rights to freedom of speech and assembly in California. The prior court ruling -- though aimed mainly at gathering evidence about criminal activity such as drug deals or prostitution -- also could be used by police to gain intelligence about the identities or activities of people at protests or other public or private gatherings.

Hanni Fakhoury, staff attorney for the Electronic Frontier Foundation, explained why law-abiding citizens should worry about warrantless cell phone searches. "It's really easy to pick on people who have been arrested and charged with crimes. But that subset could get expanded to cover everyone. Also, an arrest is not the same as a conviction."

The new law also strengthens California's protections for journalists and their sources, according to the California Newspaper Publishers Association. The state's "shield law," which prohibits the state or other litigants from subpoenaing reporters' unpublished notes or other sensitive information related to their work.

Many reporters keep such information on their cell phones and other devices, and it's not unheard of for journalists to get arrested in California.

Ask a Cop?

If the police break down your door, do they have to pay for it?

Can a cop browse my phone if I am arrested?

If you are pulled over by a police officer, what is the minimum required level of compliance?

Do passengers need to provide ID? Can they search your car? Do you need to answer their questions?

How can you verify the identity of someone who claims to be a police officer?

In closing:

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