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.
Opponents say it could touch off a contentious legal debate over whether giving officers such access violates a motorist’s right to privacy or protections against unreasonable search and seizure. Read more in Star Ledger.
but what if the person was talking with a handsfree device, such as bluetooth?
Will they be able to search passengers cell phones too? Of course they will. And they will abuse their power by searching other stuff in your cell phone too. I used to think this was far fetched, but now we see what Obama has been doing with his power, we need to realize that the potential for abuse of power is very real.
Say goodbye to the 4th amendment, seems to be a trend given today’s headlines vis a vis the NSA.
DO THESE LAW MAKERS EVEN UNDERSTAND THE CONSTITUTION?
THE COPS NEED A SEARCH WARRANT, PLAIN & SIMPLE, THE END.
You have a right to privacy on your cellphone if it is locked. Police can’t force you to unlock it without a warrant. If it’s not locked however…..
@77
You obviously don’t know the constitution. The constitution protects american citizens from search without a warrant. That means that a police officer may not search your cell phone either without a warrant.
Once you drop the constitution, there really is nothing to stop the government from taking away your freedom of speech, your freedom of religion, or your freedom to have an abortion. A very dangerous slope indeed.
Stop the Democrats!!! Stop the madness!!! Stop all this Government striping the Constitution Rights we use to have. What about the 5th amendment.
This screams 4th Amendment violation. Instead of violating our G*d given RIGHTS as Americans some one should build a device that when you turn the key on and take the transmission out of “Park” (or Neutral in a manual) it blocks cell reception inside the car. Easier said then done and it would force people to pull over and place the vehicle in park to utilize their cellular device. Simple solution to an agonizingly stupid problem. In-fact: disclaimer “patent pending” ha.
So much for these constitutional mavens. If a member of law enforcement asks for permission and it is given no warrant is needed. If an officer has “probable cause” the same applies. If a cop at your front door asks to come in and you allow it that too is a legal search