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.