Bill would allow police to take a motorists cell phone without a warrant

New Jersey - 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.

There were 1,840 handheld cell phone-related crashes in New Jersey in 2011, resulting in 807 injuries and six deaths, according to the state Division of Highway Traffic Safety.

"Think about it: The chances of the cop witnessing the accident are slim to none," said the bill’s sponsor, state Sen. James Holzapfel (R-Ocean), the bill’s sponsor, who has worked as a county and municipal prosecutor. "He’s dispatched, and by the time he gets there — unless they’re unconscious and the phone is in their hands, or some passenger says they were on the phone — then he’s got to do what? Subpoena the service to see if the phone was actively used or not?"

The measure is troubling to the American Civil Liberties Union of New Jersey, which said it is "likely susceptible to a constitutional challenge."

"This bill is problematic because it infringes on the privacy rights of citizens," said Alexander Shalom, the ACLU’s state policy counsel. "Our state and federal constitutions generally require probable cause before authorizing a search, particularly when it comes to areas that contain highly personal information such as cell phones."
http://www.nj.com/politics/index.ssf/2013/06/license_registration_and_cell.html