New York law could allow roadside 'textalyzer' checks for distracted driving
Drivers in New York might soon be subject to on-the-spot analysis of their mobile phones to determine whether they were distracted by their devices in the run-up to accidents, if a proposed law passes the state legislature.
The bill would give police officers the authority to use so-called "textalyzers" to determine whether a phone was being used in the moments before an accident occurred. As noted by Ars Technica, those who refuse to consent to the search would face immediate suspension of their driving license.
One company developing such a textalyzer, Cellebrite -- the same firm that helped the FBI crack the San Bernardino iPhone -- says that their device would not gather personal data like contacts or photos in order to comply with the fourth amendment. Indeed, such a protection is included in the text of the bill:
Given that, it isn't clear exactly how the devices would determine if a phone was in use. One method may be to analyze the contents of the SIM card, though that would not shed light on how the device was used; that is, whether the driver was looking at it or using it through a hands-free system.
To make those determinations, investigators would need an additional warrant for a device search.
The bill would give police officers the authority to use so-called "textalyzers" to determine whether a phone was being used in the moments before an accident occurred. As noted by Ars Technica, those who refuse to consent to the search would face immediate suspension of their driving license.
One company developing such a textalyzer, Cellebrite -- the same firm that helped the FBI crack the San Bernardino iPhone -- says that their device would not gather personal data like contacts or photos in order to comply with the fourth amendment. Indeed, such a protection is included in the text of the bill:
No such electronic scan shall include the content or origin of any communication, game conducted, image or electronic data viewed on a mobile telephone or a portable electronic device.
Given that, it isn't clear exactly how the devices would determine if a phone was in use. One method may be to analyze the contents of the SIM card, though that would not shed light on how the device was used; that is, whether the driver was looking at it or using it through a hands-free system.
To make those determinations, investigators would need an additional warrant for a device search.
Comments
Like drinking and driving, texting and driving has become a scourge on the public health. These laws come into being because stupid people do stupid and dangerous things.
No exceptions.
http://www.nytimes.com/2014/06/26/us/supreme-court-cellphones-search-privacy.html
The fact driving is not a constitutional right doesn't trump your actual constitutional rights. And courts cannot punish you if you refuse to waive your constitutional rights.
Absolutely incorrect. You can refuse to take a breathalyzer, that is your right. But in doing so, you give up your privilege to drive. You agreed to that when you received your driver's license.
However, being forced to unlock your phone is considered testimonial evidence and is therefore protected by the 5th amendment.
Furthermore, A court cannot legally punish you in any manner, including through harassment, if you refuse to self-incriminate yourself. This has been repeatedly backed up in court.
I don't know why you keep bringing up this "driving is not a right" nonsense as it is unrelated to anything here. You are protected from unreasonable searches regardless of any privilege you're exercising. This has been tested in court. https://en.wikipedia.org/wiki/United_States_v._Jones
You are perfectly free to refuse the proposed ’search your home for any reason’ test. You have that right. You’ll just be arrested and they’ll do it anyway if you do.
You are perfectly free to refuse the proposed ‘give your blood to the government for DNA registration’ test. You have that right. You’ll just be arrested and they’ll do it anyway if you do.
You are perfectly free to refuse the proposed ‘anyone who believes in [thing] is rounded up and killed’ test. You have that right. You’ll just be rounded up and killed if you do.
Where’s your line?
Of course, there's no way to prove you didn't use a hands free system or even that you were the one using the phone.