Texting While Driving: Should Cops Be Able To Check Your Cell Phone? [Poll]
One New Jersey police chief says it is unconstitutional in New Jersey. What do you think Millburn-Short Hills?
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There is no doubt texting while driving is not safe, but should police officers be able to check your phone during a motor vehicle stop?
At least in New Jersey you don't have to worry about it, according to one state police chief.
"It is not legal in the state of New Jersey," said Ridgewood Police Chief John Ward. "It has been deemed unconstitutional."
According to Ward, the police cannot just grab the phone during a motor vehicle stop or at the scene of an accident.
"We need to get a warrant to look into it," he said. "The only way we would have the opportunity to seek cell phone records is if there's probable cause to believe the phone was involved ... but we'd need a witness and/or probable cause. We can't just arbitrarily check someone's cell phone."
While some states allow for police to search a phone without a warrant, many do not. The courts nationwide remain divided.
In 2011, "driver inattention" contributed to 178 motor vehicle fatalities, according to the New Jersey State Police's annual report.
While police cannot arbitrarily ask to check your phone, New Jersey has some of the stiffest fines in the country to curb cell phone use while driving.
Last year, the state increased the penalties for texting or talking on the phone while behind the wheel. The fines are now $200 for a first offense, $400 for a second offense, and $600 for a third or subsequent offense.
On the third offense, a driver could also forfeit his or her license for up to 90 days. Three points are added onto your license for the third offense and everyone thereafter.
What do you think, Millburn? Do you think police should be able to check your phone when you are pulled over? Would this lead to fewer accidents, and encourage more people not to text and drive?
Vote in the poll or add your comments below!
Joanne Smythe
10:23 pm on Thursday, February 14, 2013
Pass a law mandating that 'smart' phones must disable themselves when moving above 2 MPH (this is easy to detect). Problem solved.
CD
8:40 am on Friday, February 15, 2013
Over-solved. I don't like phone texting while driving, but why should my passengers not be able to use their phones? For that matter, I frequently have my passenger text someone on my behalf using my phone. Perhaps it is worth it, but Joanne, you make it sound so simple, and I don't think it is.
Joanne Smythe
1:04 am on Friday, February 22, 2013
It's unfortunate, but given human nature, over-solving is required here. I see people drifting out of their lane while staring at a screen numerous times every single day. Numerous times every single day.
As for passengers, there was actually a time before cell phones and text messages, and people survived just fine. If you or a passenger must contact someone immediately -- because a text message certainly cannot wait 5 minutes -- simply pull the vehicle over.
Andrea
8:50 pm on Sunday, February 17, 2013
The studies that have been done on texting while driving conclusively state that it is much worse than drunk driving. I don't advocate violating the first amendment, but there have been far too many auto deaths attributed to texting while driving. I was next to a guy the other day driving like he was drunk, swerving, etc. At the traffic light I saw the he was reclined all the way down and back, leaning over and talking on his cell phone. He continued behind me through Springfield to Westfield staying on the phone. People were blowing their horns behind him to no avail. I kept hoping there was a police car nearby! What a jerk who are among many others who don't get or care how dangerous cell phones are when driving, whether texting or talking with the phone to your ear!
John Fonseca
8:53 pm on Sunday, February 17, 2013
1. Above 2 mph(or any arbitrary speed) in a car is the same as on a train or a bus. I wouldn't be allowed to use my phone on the train?
I got up to #4 and then decided that the above point pretty much superseded the others. Not only cars move and as CD pointed out, the driver isn't the only person moving in a car.
I vote "yes" on this survey. From what I've seen out on the road, a person is either drunk or texting based on the way texter drives. If a cop can test for the drinking, why not for the texting? Obviously a procedure would need to be followed, but as far as I'm concerned the current level of enforcement isn't working.
Martin Winget
8:45 pm on Wednesday, February 20, 2013
Hear, hear!
Joanne Smythe
1:08 am on Friday, February 22, 2013
A world where cell phones are silent on the train actually sounds quite good.
Andrea
1:12 pm on Monday, February 18, 2013
I agree with John, the current laws aren't working and I pray that I don't get hit by one of these selfish fools. That is true that the police can check for drunk driving, they should be able to do the same for texting or talking with your ear to the phone!