Sarasota Sheriff Tom Knight provides court defense for texting while driving

[Media]

Drivers cannot use their phones at all while driving.

Law enforcement officials can conduct a traffic stop based on probable cause that you are texting, emailing or instant messaging.

The exceptions are if you are:

• Reporting an emergency
• Using a device for navigation purposes
• Receiving safety-related information
• Conducting communication that does not require manual entry of multiple letters or numbers

Because the deputy is in one car and the driver in the other, the deputy cannot see exactly what the driver is using his phone to do.

According to the law, the driver does not have to surrender his phone to an officer — which means the deputy cannot establish that a violation of the law occurred.

Full letter:
https://www.heraldtribune.com/opinio...aw-problematic

[Unregistered]

Sheriff Tom Knight: At the (Sarasota) Sheriff’s Office, we believe in rightful policing and procedural justice, neither of which encourage law enforcement to potentially violate a citizen’s constitutional rights. We are extremely cognizant of the Fourth Amendment. That is why, beginning Jan. 1, 2020, our deputies will enforce this law only when they can do so with 100 percent confidence."

Sheriff Gualtieri: "At this point, the evidence would be circumstantial, Gualtieri said, and the deputy — later, the judge — would make a call on whether it’s enough for a citation to stick. People shouldn't think for a second they'll get an automatic pass. There's a knot-in-your-gut factor when you see those lights behind you and get pulled over,"

One Sheriff protects people's legal and constitutional rights and Gualtieri says to hell with their rights, go write tickets.

[Unregistered]

One Sheriff is a *****. One Sheriff is applying common sense. Probable Cause comes no where near 100% certainty and that’s our burden of proof to stop, cite or arrest. But thanks for playing Stomp The Cop Block Tard.

[Unregistered]

One Sheriff is a *****. One Sheriff is applying common sense. Probable Cause comes no where near 100% certainty and that’s our burden of proof to stop, cite or arrest. But thanks for playing Stomp The Cop Block Tard.

So when in doubt, just arrest and ticket anyway cuz the judge will **** them over when they get to court. That's the way its been working.