In the event of a car accident should police be able to check your cellphone for activity (but not the content) leading up to the incident?

Poll - Total Votes: 14

Yes

You can only vote on one answer.

Not looking at what you said or photos you took but just checking to see if the phone was used leading to the accident.

No different than a breathalyzer as far as i'm concerned.

Feel free to explain your reasoning.

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Threepio

IMO

That would require a search warrant.

No different than a LEO asking to "Search your car" during a routine traffic stop.

As I have explained... "I have nothing to hide but my civil rights and nothing to do today so I don't mind waiting on your dog."

Pikachu

@Threepio

I don't see why it would require a warrant. They're not looking at your texts or looking at your photos. They're just seeing if the phone was in use.

How is that different than a breathalyzer?

Threepio

@Pikachu It is different because of a law called "Implied Consent".

Merely by the act of driving you have given "Implied Consent" to a breathalyzer or other sobriety test.

Until they change the law(s)... your phone is not covered by implied consent laws.

Pikachu

@Threepio

Until they change the law(s)... your phone is not covered by implied consent laws.

lol my dude. That's exactly what we're talking about here.
SHOULD police be able to check your phone for activity. Not IS the law on the books.
Sorry if i didn't make that clear.

So what would be the difference then?

Threepio

@Pikachu The answer is simply "my dude" ...... NO! There is no law, therefore you can and may refuse to let them look at your phone....period!

Pikachu

@Threepio

Sorry, i feel like we're still having some trouble communicating here.

Let me put it this way. Do you think it should be made lawful for an officer to check your phone for activity under the same circumstances where they would ask you to submit to a breathalyzer test?

Threepio

@Pikachu No. We are a country of laws. And until that "requirement" is a law, then they can ask... but you can lawfully refuse.

Should it be?... that is a question for your state legislature to decide.

What I always advise is this "Have a functioning dashcam in all your vehicles."

Pikachu

@Threepio

Should it be?... that is a question for your state legislature to decide.

lol it's definitely for them to decide but it's you i'm asking.

so...?

Threepio

@Pikachu Then the answer is still....

NO.

Pikachu

@Threepio

So now that we're clear about what we're actually talking about, what do you have against it? If we're talking about it being used in the same way as breathalyzers, what's the problem?