No, I could be holding it to my ear despite it being turned off, as stupid as that sounds. The point is, in the case of the phone, the officer never ha

No, I could be holding it to my ear despite it being turned off, as stupid as that sounds. The point is, in the case of the phone, the officer never has proof that the phone was on. It is customary to wear Glass with the screen off but not to do the equivalent with a phone. The law is not like software; the judge can consider the case and make the sensible ruling.