Proposed NJ Law Allows Cops To Search Phones At Crash Scenes 397
New submitter WML MUNSON sends this quote from NJ.com:
"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. 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), 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?'"
Re: OK,here it is good luck with the encryption (Score:5, Informative)
They can take blood from you, if they arrest you, using other probably cause to establish the need to arrest. They cannot take your blood pre-arrest.
Re:Yes (Score:4, Informative)
You refuse to unlock, they revoke you license (Score:4, Informative)
He can look at mine all here wants, but he needs a warrant for me to even THINK about unlocking it for him.
Keep in mind that driving is considered a privilege and not a right in the U.S. To get your license you had to agree to certain things, like submitting to a breath analysis if requested. Refuse to do so and they can revoke your license. They will probably handle phone unlocking in a similar manner, you refuse, they revoke you license.