Posted on 06/11/2013 2:32:12 AM PDT by Libloather
TRENTON — License, registration and cell phone, please.
Police officers across New Jersey could be saying that to motorists at the scenes of car crashes if new legislation introduced in the state Senate becomes law.
The measure would allow cops — without a warrant — to thumb through a cell phone to determine if a driver was talking or texting when an accident occurred. It requires officers to have "reasonable grounds" to believe the law was broken.
Supporters say it could be an important tool for cops investigating crashes in a state where distracted driving causes lots of accidents and driving while using hand-held cell phones is illegal.
(Excerpt) Read more at nj.com ...
CDL commercial driver licensed drivers ie truck drivers are already under federal regs on cell phone crimes. I should think that less qualified drivers especially (on NJz) should be behaviourially nannied too.
Can’t the cops just check with the NSA?
TO ALL AMBULANCE CHASING LAWYERS AND PROSECUTORS:
Supboena cell phone metadata from the NSA as evidence in any case you have involving a car and a cell phone owner....
Subpoena vs. subpoena...
I actually think this is a good idea, provided they are only searching for the time of the last call, and not whether you were on a conference call with the Heritage Foundation, Hillsdale College, Concerned Women for America, Tea Party Express and the Family Research Council.
Nothing wrong with states being able to enforce road safety.
What happens when they find evidence of another crime not related to the accident?
BAD IDEA!
Refer to the Fourth Amendment.
It would be nice to know if a teen was texting when they smacked your bumper and caused over $2,000 worth of damage though. Happened to me a few years ago and yes she was texting.
Like I said, the law would have to exclude any evidence other than the time of the last call. Anything else would be inadmissible in court.
“Nice to know” doesn’t justify illegal search and seizure. Besides, if they need to know if the cell phone was active, they can subpoena the records from the cell phone company and determine perfectly accurately. No need to allow warrant less searches by cops.
What if the driver claims they don’t have a cell phone with them? Can the cops search the car and person without a warrent? What if the cops claim they saw a phone being used, can they search?
Exactly! A shockingly bad idea—no big surprise it’s coming out of NJ.
Cellphone data is used in court all the time, but it’s legally obtained via the court, NOT from some 86 IQ cop on the street stealing the cellphone.
Cell phone? What cell phone. I left it at home. Now they will search your car.
he can get a warrant if he wants to look at the phone
But then, if he has a warrant to search, the search can be wide. If, however, the law under consideration stipulates he can request the phone only to see if it was in use during the incident, then police can be limited to merely recording that fact and getting a confirming log of the time only.
I agree with your points.
I am also amazed at the number of posters on this forum so willingly give up my rights because it may benefit them.
There are perfectly legal ways to get the information wanted if and this is a big if, it is needed.
Because the legislature writes a law, does not mean it is constitutional.
Thank you for your post! Cellphone usage data is used in traffic accident cases all the time, but again, it’s obtained through court order. I can’t understand so-called “conservatives” on this site whom are all too happy to trample our rights if they feel it makes them, personally, 1/100th of a percent “safer.”
The Peoples Republic of New Jersey strikes again.
If a driver's cell phone records are relevant to a police investigation of a motor vehicle accident, then they can obtain a warrant to check those records.
It's really that simple.
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