New York lawmakers are considering a new bill that would allow enforcement officers to check a phone for use prior to involvement in a car accident. If approved, officers could use the information to help explain the cause of the accident.
How is the proposal different from current law?
Although it is currently possible to determine if a driver was using his or her cellphone prior to a car crash, doing so generally requires a warrant. This is to ensure that privacy rights are not violated. The current proposal, referred to as Evan's law, would allow officers to get basic information without infringing on privacy rights. This is because the device simply allows the officer to determine if the phone was used. It does not show specifics like the details of a text or the Tweet that was posted on Twitter.