Proposed NJ Bill Would Permit Police Cell Phone Search But May Help Protect Victim Rights In Car Accidents

Distracted driving in the United States injured an estimated 387,000 people in 2011 and killed 3,000 more. An increasing number of distractions each year involve the use of cell phones. No wonder, then, the New Jersey Senate wants to take action to collect evidence to prove the connection between cell phone usage and accidents.

Introduced in May 2013, the proposed legislation under Senate Bill 2783 would apply when a motor vehicle operator is involved in an accident resulting in death, bodily injury, or property damage. If the officer has reasonable grounds to believe the driver violated the law by using a hand-held cell phone, he or she can confiscate the phone to review the call history data. If the data shows the driver violated the ban on hand-held cell phone usage while driving, the information is recorded in the police report, potentially subjecting the violator to additional fines and motor vehicle penalty points.

Collecting data at the accident scene would present certain clear advantages, such as the following:

  • Protecting valuable evidence at the scene before it can be deleted
  • Assisting victims of auto accidents who need to prove liability to pursue damages for their injuries
  • Helping discourage drivers from flouting the New Jersey cell phone laws
  • Providing more accurate estimates of the number of accidents caused by the use of technology while driving

Still, the proposed law is currently subject to much debate. Even if signed into law, it is likely to face constitutional challenges on the grounds that it violates the Fourth Amendment, which protects rights against illegal search and seizure. Certainly, cell phone evidence would be invaluable in helping injured accident victims develop compelling cases.

Posted in Automobile Accidents

Tagged automobile accidents, cell phone use, distracted driving, fourth amendment, searches and seizures, senate bill 2783


Topics:  Car Accident, Cell Phones, Distracted Driving, Fourth Amendment, Mobile Devices, Police, Warrantless Searches, Warrantless Tracking

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Law Offices of Robert Olkowitz, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »