A New Jersey lawmaker wants to enable police to search a driver’s cell phone immediately after a crash to see if the phone contributed to the accident.
State Sen. James Holzapfel (R-Ocean County) recently introduced legislation that would allow police officers to automatically confiscate a cell phone if there is a suspicion that the driver was texting or talking on the phone prior to the accident, the Star Ledger reported Monday. The legislation would also increase penalties for texting while driving. The New Jersey bill, which is opposed by civil liberties activists, is the second attempt in the nation to give police this power.
Holzapfel’s legislation states that whenever a driver has been involved in an accident resulting in death, injury or property damage, a police officer may confiscate the driver’s telephone and review the phone’s history to see if the phone was being used at the time of the accident. The information obtained would then be used in the police report. Current laws require police to obtain a search warrant or the driver’s permission to review the phone’s history.
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