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 West Orange?
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 …
David Peart
2:33 pm on Sunday, February 17, 2013
Your conclusions are simply not based in fact. Police write summons based upon violations they observe, every day of the week. They don't need the time stamp on the text to support their testimony. When you're written a summons for failure to stop at a traffic control device, is there something other than the officers sworn testimony to support their complaint? Are red light summons "… more ›