Forget about using your phone to call your insurance company after an accident in the state of New Jersey. Police may soon be asking drivers in the Garden States for a copy of their cell phone if a bill introduced in the state senate passes.
According to the Newark Star-Ledger, Senate Bill 2783 would allow police officers to search the cell phones of those involved in an accident without a warrant to see whether the phone was a contributing factor in the crash. The proposed legislation is meant to help police tackle cell phone-related accidents in New Jersey, where the use of cell phones while driving is illegal.
“Think about it: The chances of the cop witnessing the accident are slim to none,” State Sen. James Holzapfel (R-Ocean), the bill’s sponsor, told the Star-Ledger. “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?”
While police officers in the state are behind the bill, there is strong opposition to it – especially from the American Civil Liberties Union, who believes that the unwarranted searches of individual’s cell phones is an infringement of their Fourth Amendment rights.
“This bill is problematic because it infringes on the privacy rights of citizens,” Alexander Shalom, the ACLU’s state policy counsel, told the Star-Ledger. “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.”
The National Motorists Association, an organization devoted to representing the interests and rights of American drivers, also has its doubts about the new bill.
Steve Carrellas, the New Jersey representative of the National Motorists Association, also expressed doubt towards the new legislation.
“Here’s the bottom line: If you went all through what the bill is supposedly allowing, you still can’t determine if the person with the phone actually had a distraction that contributed to a crash,” Steve Carrellas, the N.J. representative for the organization, told the Star Ledger.
According to the state’s Highway Traffic Safety Division, there were 1,840 cell-phone related accidents in 2011, which resulted in 807 injuries and six deaths.
