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Old 09-18-2017, 08:50 PM   #17 (permalink)
redpoint5
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As pointed out, a search requires either a warrant or consent. You might be able to successfully argue that you gave consent only to looking at the insurance certificate on the phone, but the officer could argue that you implied he could perform a further search.

Regardless, I wouldn't involve myself with illegal activity and document it on my phone. There is nothing on my phone I'm unwilling for the general public to see.

An example of what an officer can use as evidence against a person is when they allow an officer to come inside their house. The officer is not permitted to begin going through drawers or snooping into every room, but if there is evidence of illegal activity plainly visible, then it gives him cause to perform a more thorough search and use any evidence against the person.

I'd say if there was no evidence of illegal activity plainly visible on your phone while the officer observed the insurance, then there is no reason to further search it.

Don't destroy the window while it's attached to the car. It's likely to kick some bits of glass out into the passenger compartment.
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