From CBSNewsNewYork:

Legal Experts See Possible Showdown Pitting Safety Vs. Fourth Amendment

TRENTON, N.J. (CBSNewYork) — License, registration and your cellphone, please.

Police in New Jersey may soon be allowed to search your cellphone after an accident.

A bill proposed Monday in the New Jersey State Senate would require drivers involved in an accident to hand over their phones — no warrant necessary.

Motorists were mixed on the proposal aimed at cracking down on distracted driving.

To this I say: WRONG.

Let there be no mistake: it’s no secret that I’m a cop.  And I value my precious American freedoms like — I would hope — everyone else.  I also value my very precious ass on vehicle stops and contacts with suspects and inmates.

That said, this bill is wrong.  Red light cameras are wrong.  Cops Tasing grandmothers are wrong.  Cameras on every corner are wrong.  Cop drones over our cities are wrong.  A “Surveillance State” is wrong.  Abrogating the 4th Amendment is wrong.  Let me make this abundantly clear for those of you who just tuned in: abrogating the 4th Amendment is WRONG.

If I find your cell phone in a search incident to arrest, and the case is major, then I would be wise to acquire a warrant.  My DA would want that.

But to suggest that on something as minor as a traffic stop?  That cops can literally confiscate your cellular telephone with no warrant?

Luckily, apparently, that is not YET the case.

BZ