wrongly accused

[johncar54]

Well of course they would have to prove the phone was in the car at the time (which they should be able to do or at least in the area of the local cell)

I would also ask why the policeman did not check the phone for a call or the number of the sim in the phone, plus the imei of the phone as well.
Surely all pretty simple things for the officer of the law to do? Especially if there was a chance the issue may go to court and be the word of an police officer agaisnt another indivudal.

It would if I was a judge be very unusual of a law enforcement office not to make a note of these basic details. Which would make me suspect they may have made other mistakes.
I would have no reason to think the Officer was lying but then no reason to think they could not have been mistaken...

If they dont know what phone you own or sim if not a contract phone how the heck are they going to prove you used one? As im sure most cells have hundreds of calls, data transmissions passing though them every hour

I don't what the law is on the subject but I doubt that the police officer would have had the legal power to check the phone, its tantamount to making a search (without a warrant).

As I have said before, quite often in a court case its the police officer's word against the person accused. Its up to the court who they believe.

On then face of it why would the officer lie ? (OK some of you guys are gong to come back with same old chestnuts of achieving targets etc. but do you really think its that hard for a police officer to find someone breaking the law. There are people doing it all the time. Its more a case of trying not to! On the other hand, Is it likely that the defendant would lie ? If they are guilty very likely.

This is an extract of what I just found on the internet:-

Ok, so what exactly is the law now?
The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device. Hands free phones may be used, but they are ultimately a distraction and you are still open to a charge of careless driving should a police officer think you are driving poorly while using one.

[somebody]

I don't what the law is on the subject but I doubt that the police officer would have had the legal power to check the phone, its tantamount to making a search (without a warrant).

As I have said before, quite often in a court case its the police officer's word against the person accused. Its up to the court who they believe.

On then face of it why would the officer lie ? (OK some of you guys are gong to come back with same old chestnuts of achieving targets etc. but do you really think its that hard for a police officer to find someone breaking the law. There are people doing it all the time. Its more a case of trying not to! On the other hand, Is it likely that the defendant would lie ? If they are guilty very likely.

This is an extract of what I just found on the internet:-

Ok, so what exactly is the law now?
The law states that it is illegal to ride a motorbike or drive a car while you are using a hand held communication device. Hands free phones may be used, but they are ultimately a distraction and you are still open to a charge of careless driving should a police officer think you are driving poorly while using one.

John I think you been out of the Uk for a while the police can and do search a lot of people and what they carry.

Police do lie as do many people in the street a human trait and no Judge surely would presume a police officer would not lie while a person in the street would..

Its quite common to ask for the IMEI and check it at least in London.

They would check the car reg and VIN out and indivudal if stopped due to breaking a law so now they would check a Phone..

http://www.theregister.co.uk/2009/09/22/met_apollo/

A police officer can perform a search If they feel a crime is occuring or has occured. I belive quite rightly using a mobile phone while in the driving seat of a car stopped or moving is a offence (I personally think its not on as well)

http://www.met.police.uk/stopandsear...s.htm#wherecan

What is a stop and search?

Only a police officer can stop and go onto search you, your clothes and anything you are carrying, except when powers under the Terrorism Act 2000 are being used then police community support officers may search vehicles and bags carried by persons under the supervision of a police officer.

You may be stopped as the officer may have grounds to suspect that you are carrying:

Drugs, weapons or stolen property
Items that could be used:
to commit crime.
to commit an act of terrorism
to cause criminal damage.

[johncar54]

As I said, ........

OK some of you guys are gong to come back with the same old chestnuts of achieving targets etc. but do you really think its that hard for a police officer to find someone breaking the law. There are people doing it all the time. Its more a case of trying not to!

Its so easy to knock something, we all love doing it, you know the doctors, the politician, the teachers, judges, the media etc. etc. We all have a view that they have got it wrong. OK maybe we are right and all those we knock are wrong. But I know my son was the only one marching in step in the parade !!!!!

OK there must be some police who lie and we all know there are many of us who when we are in the wrong would never admit it (lie). I mean when was the last time you said or heard people saying, yes I was to blame for that accident, I'm a awful driver. Or, yes I was speeding, I was wrong, etc.

I am not defending the police but it seems unlikely a copper would willy nilly, put him/her self to a lot of paperwork and internal aggravation, put his/her career on offer, risk going to prison for perjury, just to prosecute an innocent person for a relatively minor offence, when as I said, they could stand on any corner for 5 or 10 minutes and nick at least a couple of people breaking the law.

But its just my impression, I know I might be wrong (and I am sure some of you will tell me I am).