Should Cellphones Be Tested After An Accident?

by Steven M Sweat on May. 02, 2016

Accident & Injury Car Accident 

Summary: Given the rising trend of distracted driving causing accidents, should police be allowed to test phones following a crash?


The act of texting and driving at the same time has been the culprit of many fatal and paralyzing automobile accidents over the years. More than 400,000 people fall victim to distracted drivers each year. The incidents in New York have become so frequent that legislators are trying to pass a safety bill that allows police officers to test cell phones for text messaging activity. The legislatures claim that this bill will protect the drivers. However, some citizens and organizations do not believe that safety is the primary motivation for bill’s proposed passing. In fact, some believe that the bill is an outright violation of driver’s rights. 


The New Bill’s Specifics


If the bill passes, then police officers will have full right and reign to take a person’s cell phone, rummage through it, and investigate it to see if the person was texting at the time that the crash occurred. The legislation will also permit the police officers to scan the cell phone with another electronic device called a “Textalyzer.” The Cellebrite company is developing it. 


Experts say that the testing device is similar to the Breathalyzer in the way it operates. Instead of detecting alcohol on a person’s breath, the Textalzyer detects pre-accident text messaging activities. The experts do not provide much information on the Textalzyer’s technology, but one can assume that it involves fingerprint heat. Nothing says “guilty” more than a hot fingerprint on a cell phone screen does.


Should Police Be Allowed to Confiscate and Investigate Cell Phones?


The legality of post-accident cell phone investigation is iffy. From a civil employee's perspective, the term “investigation” includes reviewing all items that are involved in an incident. The purpose of an investigation is to discover and disclose facts and faults. Police must gather evidence, as well. The “Textalyzer” scan is documentable evidence just as the Breathalyzer results are. 


From a driver’s perspective or a cell phone owner’s perspective, testing a cell phone after an accident that has already occurred does not make the streets any safer. Furthermore, such people feel as if the government has already encroached on enough of their rights. They feel as though the police should have a search warrant if they want to confiscate and test their cellular devices. Some drivers may feel that testing should not be allowed unless the cell phone’s placement at the time of the accident indicates its recent usage.


An accident victim’s perspective may be one that is behind the new bill, but there is no hard evidence of such an opinion. The testing can be beneficial in proving fault in a personal injury case, but it might not be very beneficial in preventing accidents. 


The American Civil Liberties Union is on the driver’s side of the fence. The organization is against the new bill and holds the stance that it violates driver privacy. Its members feel that the government will take a mile if they receive this inch of privacy violation. The ACLU is doing everything in its power to prevent the bill from passing. 


Do We Really Need a Textalyzer Machine?


Taxpayers most likely wonder if they are contributing to the development of “the Textalyzer.” A new electronic device may be unnecessary since crime specialists can use a variety of other techniques to examine the use of a cell phone at the time of an accident. The issues with the new bill go far beyond privacy and personal rights. It appears to dip into the realm of taxpayer dollars. Nevertheless, police will most likely enjoy the novelty of using the device if the bill passes. 


Personal Injury Lawyers Can Assist


Do not hesitate to contact a personal injury attorney if you feel as though you are a victim of a neglectful texting-and-driving accident. You can schedule an appointment today by calling on the telephone or completing an online form. Many personal injury attorneys offer free consultation meetings. Personal injury attorneys can assist you with all aspects of your case, including case investigation. They can determine the legal fault in the personal injury cases by requesting various forms of documentation. This documentation may disclose the other party’s neglect and result in a case win. 



Sources:
http://arstechnica.com/tech-policy/2016/04/first-came-the-breathalyzer-now-meet-the-roadside-police-textalyzer/
http://video.foxnews.com/v/4843744025001/proposed-bill-would-test-cellphones-after-car-accidents/?#sp=show-clips
http://usnews.nbcnews.com/_news/2013/06/12/18921600-law-would-allow-cops-to-search-phones-after-crashes?lite
http://www.distraction.gov/stats-research-laws/facts-and-statistics.html
http://www.nsc.org/learn/NSC-Initiatives/Pages/distracted-driving-problem-of-cell-phone-distracted-driving.aspx

http://www.daveramsey.com/blog/where-does-your-tax-money-go

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.