The bill was introduced last month.
View full sizeThe New Jersey Senate is considering a bill that would allow police officers to search cellphones following an accident. New Jersey police may soon be able to search driver's cellphones without a warrant following a vehicle collision.
State lawmakers are considering a bill, S2783, introduced last month by state Sen. James Holzapfel, that seeks to determine whether the driver was talking or texting at the time of a crash.
While supporters of the legislation argue it would be a useful tool for police as they investigate collisions, opponents have raised concerns about privacy and constitutional issues.
Locally, the bill has received mixed reactions.
"I believe there are good intentions behind this law and it would make our jobs easier, however, I don't think this law is necessary or will pass constitutional muster," said Lt. Michael Reilly, officer in charge of the Mansfield Township Police Department. "In this day and age our phones contain so much personal information it would be difficult for anyone to hand over their phone for inspection."
Currently, police must obtain a search warrant to access phone records or receive permission from the owner. New Jersey's ban on texting and talking on a hand-held cellphone while driving took effect in March 2008.
Under the proposal, officers would have the ability to confiscate a driver's cellphone if they had "reasonable grounds" to believe it was being illegally used before a crash that resulted in death, bodily injury or property damage. Officers would then be able to search call history and text messages.
Holzapfel, R-Ocean, said using a phone while driving is no different than having an open bottle of liquor in the vehicle. He said the bill was important because a police officer has a slim chance of witnessing the crash.
State Sen. Michael Doherty, a Republican whose 23rd District covers parts of Warren and Hunterdon counties, said he didn't take issue with the legislation.
"Initially I don't really have a problem with it if there is a serious accident and if the officer has a reasonable basis to believe it occurred as a result of the cellphone," he said.
Alexander Shalom, state policy counsel for the American Civil Liberties Union of New Jersey, said he had reservations about the legislation as state and federal constitutions generally require police to have probable cause to conduct a search.
"Cellphones of today are not really comparable to other electronics of the past," he said. "There is a lot of information on there and unless the law is very careful circumscribed, you risk allowing law enforcement an invasion of very private data."
The newest legislation comes as state lawmakers mull increased fines and license suspensions for drivers caught talking or texting.
Warren County Prosecutor Richard Burke said any tool that might help law enforcement learn the circumstances surrounding a crash would be helpful.
"You never know what you're going to find on there," he said. "If at the time of accident the driver was on the phone or texting it would obviously be of interest to us in terms of cause of accident."
Washington Township, N.J., police Chief James McDonald agreed but said he was unsure about his personal feelings of the legislation.
"As a law enforcement tool it would be very helpful but on a personal note its something I would have to give more thought to," he said.
The Associated Press contributed to this report.
***
CELLPHONE-LINKED CRASHES
New Jersey is among nine states and the District of Columbia that ban hand-held cellphone use for all drivers. It's also one of 35 states that ban texting for all drivers, along with D.C, according to the National Conference of State Legislatures.
According to the state's Highway Traffic Safety Division, there were 1,840 handheld cellphone-related crashes in 2011 in New Jersey, resulting in 807 injuries and six deaths.