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).Originally Posted by somebody
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
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.
