A bill currently working its way through the New York state legislature would grant power to police to search drivers’ cell phones after a traffic incident including minor fender benders to determine if the person was using their phone while behind the wheel.
“Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”
Police will be able to hook up drivers’ phones into a police tablet called “textalyzers” which would describe exactly what the driver was doing on their phone and exactly when they were doing it. And if the readout shows a driver was texting while driving, for instance, the legal system will have an additional way to fine them.
Proponents mention the rise in traffic fatalities affiliated with using mobile devices while driving. Rights activist Rashida Richardson of the New York Civil Liberties Union, said it’s a societal issue and no excuse to violate an individual’s privacy:
“This is a concern because our phones have some of our most personal and private information — so we’re certain that if this law is enforced as it is proposed, it will not only violate people’s privacy rights, but also civil liberties.”