[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/the-smoking-gun-mobile-device-v-civil-rights\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/the-smoking-gun-mobile-device-v-civil-rights\/","headline":"The Smoking Gun Mobile Device v. Civil Rights","name":"The Smoking Gun Mobile Device v. Civil Rights","description":"Officer: So how did the accident happen? Distracted Driver: I don\u2019t really know. Officer: Where you on your mobile phone? Distracted Driver: No Officer: May I see your drivers\u2019 license? Distracted Driver: Yes Sir. Officer: Proof of insurance? Distracted Driver: Here you go. Officer: Now, please give me your mobile phone? Distracted Driver? Excuse me?...","datePublished":"2014-02-10","dateModified":"2024-05-22","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","width":383,"height":427},"url":"https:\/\/www.rizklaw.com\/blog\/the-smoking-gun-mobile-device-v-civil-rights\/","about":["Labor and Employment"],"wordCount":322,"articleBody":"Officer: So how did the accident happen?Distracted Driver: I don\u2019t really know.Officer: Where you on your mobile phone?Distracted Driver: NoOfficer: May I see your drivers\u2019 license?Distracted Driver: Yes Sir.Officer: Proof of insurance?Distracted Driver: Here you go.Officer: Now, please give me your mobile phone?Distracted Driver? Excuse me?Officer: Now.U.S. Transportation Secretary Ray LaHood in 2011 announced that about 3,000 people were killed and 387,000 injured in accidents involving\u00a0distracted motorists. Since then eleven states have banned handheld cellphones use while driving, and 41 states have banned driving while texting.A newly proposed New Jersey law would allow police to temporarily confiscate the mobile phone of suspected distracted drivers. The legislation would allow Police with \u201creasonable grounds\u201d to suspect texting while driving to scroll through cell records at the accident scene. Previously no anti- texting specifically allowed for mobile phone search at an accident scene.Not everyone loves the idea. Especially in light of recent disclosures that Uncle Sam has been monitoring American\u2019s mobile phone and internet use habits. For example, a spokesman for the American Civil Liberties Union (New Jersey) issued the following statement:The constitution \u201d \u2026.generally requires probable cause before authorizing a search, particularly when it comes to areas that contain highly personal information such as cellphones\u201d \u201cThe legislature cannot authorize searches unless there is probable cause, therefore the bill is likely susceptible to a constitutional challenge.\u201d Soon this battle between traffic safety and personal liberties will play out in the courts in New Jersey and states across the nation as lawmakers seek to put teeth into anti texting and handheld talking while driving.Meanwhile, another study reveals that even\u00a0talking on a speakerphone while driving\u00a0doubles the risk on an accident. What about eating fast food while driving? The end of the drive throughs? Developing a law that reduces distracted driving while preserving civil liberties, won\u2019t be easy. Oregon stay tuned."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"The Smoking Gun Mobile Device v. Civil Rights","item":"https:\/\/www.rizklaw.com\/blog\/the-smoking-gun-mobile-device-v-civil-rights\/#breadcrumbitem"}]}]