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submitted 1 week ago by [email protected] to c/[email protected]
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[-] [email protected] 55 points 1 week ago

This headline is a disaster. The court found that the exceptions--things you're allowed to do with your phone while driving--are affirmative defenses. That is, if the prosecutor already made a prima facie case that the defendant was breaking the device use law, then the burden shifts to the defendant to prove one of the exceptions applies.

It's a much better rule than one that would, implicitly or worse, give the cops carte blanche access to your phone.

[-] [email protected] 4 points 1 week ago

If these exemptions are read only as affirmative defenses then could a police officer who reasonably suspected you owned or possessed a cell phone (because they saw you get into your car holding it, or using it while parked) could pull you over, cite you, and force you to prove it was in your pocket?

ORC § 4511.204 B (13) A person storing an electronic wireless communications device in a holster, harness, or article of clothing on the person's body.

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this post was submitted on 04 Jul 2024
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