“Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”
That’s language from the text of a bill currently working its way through the New York state legislature. The legislation would allow cops to search through drivers’ cell phones following traffic incidents — even minor fender-benders — to determine if the person was using their phone while behind the wheel.
Most states have laws banning the use of mobile devices while driving, though such laws are rarely enforced. This is largely because it’s nearly impossible to catch someone in the act. What person would admit to an officer that they broke the law, the argument goes, particularly when it’s after the fact? After all, cops don’t show up until after the accident occurs.
Now, technology exists that would give police the power to plug drivers’ phones into tablet-like devices — being called “textalyzers” in the media — that tell officers exactly what they were doing on their phone and exactly when they were doing it. And if the readout shows a driver was texting while driving, for instance, the legal system will have an additional way to fine them.
“Recording your every click, tap or swipe, it would even know what apps you were using. Police officers could download the data, right on the spot,” Jeff Rossen of NBC News said in a video report on the technology.
Proponents of the legislation point to the rise in traffic fatalities associated with using mobile devices while driving. But rights activists, such as Rashida Richardson of the New York Civil Liberties Union, says it’s a societal issue and no excuse to violate an individual’s privacy:
“This is a concern because our phones have some of our most personal and private information — so we’re certain that if this law is enforced as it is proposed, it will not only violate people’s privacy rights, but also civil liberties.”
New York state isn’t alone. Currently, similar legislation is being considered in Tennessee and New Jersey.
Me: "How will we know if the State is planning to confiscate PMs?"
K.S.: "They'll go after people's guns first, that's how you'll know."
My kiddie porn too?
Any person found obstinately extant, shall be deemed to have voluntarily surrendered all worldly goods and chattels to the state, effective immediately.
Nothing a throw-away-phone can't solve.
And here comes Nazi New York making her move on the inside rail overtaking Kommie Kalifornia! They're neck-in-neck comin down the back stretch folks! Jockey Cuomo is giving her the crop now...and its Nazi New York by a nose! ;-)
My password ois implicit notification that I do not allow searching of my phone's contents! Using "tools" to gather personal data it akin to breaking and entering or burglary. It's no different than locking my doors. DO NOT ENTER WITHOUT A SEARCH WARRANT!
Clear violation of the 4th admendment, this bill won't live.
People text and drive because, for the most part, police have given up enforcing driving laws already on the books. You want people to stop texting while driving? Put a camera on each side of police cars and take pictures of people so engrossed in their phone they don't notice the cop next to them. While they are at it, how about giving some tickets out for not even slowing down while making a right on red, blowing through red lights, speeding and plain old dangerous aggressive (asshole) driving? No, they are too lazy and important to enforce mundane shit like laws meant to keep roads safe. Easier and more exciting to wait until there's an accident, then trample their rights.
Last week I was driving next to a cop in my town. He swerved into my lane so abruptly that I forgot he was a cop and I honked and flipped him off. When we got to the light I realized he was texting and driving.
search "Blackphone"
how about giving tickets for the inconsiderate pricks that feel they own the road and an drive 5mph under the speed limit in the PASSING lane. Keep right except to pass is a law, why not enforce that one?!?!?!?!
Speeding doesnt kill, not making driving priority #1 is a major problem. Your in your car/on the road to drive.... BTW if speeding kills, how could anyone ever win a race?
I agree with the first half and was just thinking the exact same thing yesterday while driving on rt. 95. Shit yeah, give tickets to any asshole that plants himself in the fast lane and just stays there whether they are going under, over or exactly the speed limit. It's a passing lane. I'm not against reasonable speed limits though. None of that 55 shit, but unlimited? No.
Don't worry. Autonomous cars will make his driving habits and your road rage moot very soon.
Amen, brother. I was behind one of those guys this morning. He was more interested in finding his way to a McDonald's senior coffee (which he actually did) than he was in driving.
So they are willing to violate your personal privacy and 4th amendment rights to prove you rear ended someone while texting, but god forbid they ask you if you are in the country legally....
+1
"Clear violation of the 4th admendment, this bill won't live."
Courts don't care about 4th Amendment. Public safety and all. You have whatever rights SCOTUS says you have, per the Patriot Act of 1787. I would say sobriety/safety checkpoints, civil asset forfeiture and many other things are a clear violation of the 4th Amendment. SCOTUS disagrees.
"Clear violation of the 4th admendment, this bill won't live."
Didn't I read about the field testing of this equipment in Michigan years ago?
"My password is implicit notification that I do not allow searching of my phone's contents!"
While I agree with your logic and assertion of rights, we both know that, in actual practice, the criminals who constitute the government have no respect for you or I.
I have found, however, that I have two failsafe solutions to such prospective invasions of property and privacy, unpopular though they may be:
1. I don't have a smart phone (nor need or want one, but that's a separate issue);
2. I don't live in the United States.
The second point opens up other cans of worms, but it effectively eludes the encroaching tyranny of the American police and 99% of the other apparatus of the leviathan government.
just as intended by the founding fathers and codified in what is by now being treated like a piece of used toilet paper called "the constitution of the usa".
Yeah, its the kinda thing one would expect out of a state that prefers family dynasties and banning everything from salt to soda to guns while allowing "fully licensed & regulated criminal gangs" to run amok on Wall Street.
All under the imprimatur of "legality".
Dontcha know ;-)
Everything that people like Calligula, Attila, Stalin or Hitler did, was legal.
Heck, even Moses commiting genocide was supposedly approved by the Almighty YHWH.
So much for "laws" and "rights ", or that men in power will be ruled by them.
Who the fuck to these ass clowns think they are anyway? Well, so much for the 4th amendment, along with having all of your assets stripped and possible jail time for carrying more than $10,000 on your person... Where the hell is Trump of this gross overreach of power?
Apple will then come out with the iAssPhone, a simple tuck away from the meddling lawmakers!
Just needs someone sharp with software to come up with a one-touch swipe of the phone that erases and make unrecoverable, the last hour of phone and text messages or at least deletes the time stamp. Fucking assholes of the state will never stop with this shit until we all stand up and say enough!
Just add restore points back.
"Apple will then come out with the iAssPhone, a simple tuck away from the meddling lawmakers!"
And that will only result in cops making you feel served and protected by having more cavity searches on the side of the roads. That sort of thing already happens.
He's giving congrats to Modi on his most excellent cash ban.
Once you accept that Trump has no core values other than what's in it for me or my ego, everything will make (more) sense. Not that he's any different than the rest of the bunch in DC.
I just discovered a use for my old - not used in 2 years - but boots up Samsung S3.
I hate people that drive like idiots because they are texting - but hate laws like this more.
If someone using their phone runs into me this law would only be able to be used if they do a cavity search on the idiot driver.
It's time for some consequences. Recall the sponsors of this crap. If that doesn't work shoot'em.
The sheeple won't care about freedom until they're starving in the cold and dark.
Nah, just the kiddie porn they plant on you because they think you looked at them funny.
dear NYC police
you are free to scan my nokia 1100,
please proceed
They will pick up texts plus and your calling ... all they want to know is if your phone use helped cause the accident ...
sms: LOS POLLOS
Haha, those were the good days. When phones were primitive and texting was difficult enough that people didn't have their heads permanently leaned towards the demonic devices with fingers sprinting away like a virtuoso pianist. People actually spoke to each other instead. What a novel idea!
"Officer, I don't have my phone on me right now"
Once they have your phone, they have your email. Once they have your email, they can go down any rabbit hole they like, real or imagined. It will be like involuntarily talking to the police without an one's right to have an attorney present.
Throw phone in glove box. Lock glove box. Need warrant to open that. For now.
"Officer, my regular phone is not on me, or in the vehicle." (It's in the trunk gym bag)
"But you can waste some time on this new burner phone, that's still in its packaging.
Thank you for removing the pain-in-the-@$$ packaging for me."
(Nothing like making them work for a useless decoy or sacrificial burner, if you're smarter than the average cop.)
4th amendment violation? Fukya nazi Gestapo turds
Sounds like fun, I must find a hack that will infect their device with a virus, download all the nude wife/girlfriend pics they have confiscated and totally fahk up their device, before sending a self destruct signal to my phone ensring the officer gets 3rd degree burns over his face and hands.
Blame it on a bad battery..
Am I free to go officer?
...Send $300 in Bitcoin to buy the encryption key to unlock your device to this address.
The only good cop is a dead cop.
Everytime a cop gets killed an Angel gets her wings.
Legislators are in our best interest. . Always.
Sounds more like a police Union money grab to beef up their salaries and pensions.
I'm sure it'll be a "phone in use" amendment to the asset forfeiture laws now in effect that allow the police to take whatever cash they find on you, accuse you of drug running (or phone use) and threaten you with arrest if you don't comply.
It's simply highway robbery by the new highwaymen and fully endorsed/encouraged by the state.
They can't go after the real crooks, who stole their Pension Funds.
So they go after the low hanging fruit: You.
Who could've predicted this in human nature?
All the more reason to get rid of our smartphones.
All the more reason to get rid of our useless fucking road pirates out stealing money from their serfs.
And the legislatures that write these useless cash grab laws.
s
All the more reason to get rid of our useless fucking road pirates out stealing money from their serfs.
And the legislatures that write these useless cash grab laws.
s
You want to add their families in case the Tyranny gene is sexually transmitted.