What if this were a law: if you caused an accident, police automatically get access to your cell phone records.

I don’t think they would have a problem getting a warrant if they saw evidence (phone flung around the car) that you WERE or may have been using your cell phone while driving and you lived in say, California where it’s illegal.

Shit. What if this were a law?

I think police action against people who were talking on the phone would/should be limited to establishing whether or not they were actually using the phone at the time of the infraction, rather than the content of the phone call itself.

they are considering something simmilar up here in Canada, a woman was lost, and they could have found her sooner if they were allowed to see her phone records, because they cab tell which tower the cell connects to, and search a radius in that area. I think that would be good in the case of an emergency.

But American police can use a laptop while driving .
And normal police use the radio thingy while driving .
Maybe it isn’t just the police but i do know there is something in the states , it attaches to the steering wheel for the laptop .

For the same reason they can’t automatically search your car or check your credit records. We have a constitutional protection from random search and seizure (4th Amendment) In a case like @XOIIO stated it would be a matter of minutes to get a judge to stgn the papers.

@The_Compassionate_Heretic currently the content of the conversation isn’t available just what the number called was. At any rate cell phone records would be useless. The phone company registers a call at 6:42, the defense attorney insists the accident occurred at 6:46 after the call was over. Even if there was a witness to the sound of the crash , his time probably wouldn’t match phone company exactly.

Great NYT article on driving while texting. I would think that it would be a possibility, in the same manner that alcohol levels is admissible as evidence. Texting while driving is not too much different than driving drunk; you are not in control of the vehicle or in a position to react to traffic changes. Fourteen states have texting while driving bans.

The police in my town are always on their cell phones. I don’t see how they can inforce the law they are breaking themselves.

Officer: Do you know why i pulled you over?

Motorist: Uh, no sir?

O: I pulled you over for texting while driving.

M: Um, officer, i wasnt doing that.

O: You were sir, i saw you, license and registration please.

M: I swear i wasnt, here, let me show you.

O: Put down the phone and step out of the car sir.

M I was using a GPS map program, look!

O: Drop the phone, turn around and put your hands on the car sir.

M: No really, its nothing short of a miracle, it shows my location at all times. I never get lost. It gives me step by step directions to anywhere i need to go!

O: You were texting sir, drop the phone and turn around.

M: Officer, i swear i…..

O: Club club club.

M: Ow ow ow.

@Noel_S_Leitmotiv , Did that happen to you?

No, but i could imagine it happening.

It’s one of the reasons i believe texting while driving laws have fortunately been slow to go through.

Texting while driving is actually difficult to identify and prove.

Regarding the GPS aspect @XOIIO brought up:
I work for AT&T. Our work trucks have GPS on them, so the bosses can tell if we are out of route (coffee shops, etc).
When an employee didn’t come home at night, his wife called his boss, and asked how long he would be out. The boss didn’t know the employee hadn’t come in, and checked the GPS locator. They found the location of his vehicle, and had the police check. His truck had run off the freeway, and was hidden by brush, trees, etc. He was badly injured. If he didn’t have the GPS, or his wife not called, he might have died.

If the woman who pulled out at a roundabout on me whilst using her ohone had actually hit me (lucky for both of us I was paying attention) Aand denied using her phone, having access to her phone record would have been useful as proof she was driving without due care and attention…

If you were smart, as soon as you got pulled over, you could delete the texts out of your inbox/sent folder to cover your tracks. It would be even easier to delete the phone calls from showing up.

@benjaminlevi but deleting them off teh phone doesn’t delete them from the phone company’s records does it?

From a cartoon I saw in the 60’s:

Q: Why is there so much lawlessness?
A: Because there’s so much law.

On the other hand, I would not object to the police just shooting a texting driver in the head.

@IchtheosaurusRex Then the cop takes the fone and texts ” Head shot !!!!!!!!! ” to the last person who was texted.

@sakura Thats what I was thinking

Here in Ontario I believe we are instituting a “distracted driving” charge which covers not only text messaging but the event which @Noel_S_Leitmotiv describes, albeit without the senseless beating. If you are driving while interacting with a device or something that takes your attention away from the road, you are not being a safe driver, and you should be punished. This is appropriate. But I see no reason to believe your proposition, @phoenyx, is appropriate at all. Why do the police need access to all of your phone records simply because you cause an accident? What about if you didn’t use your phone at the time, why would the police have the right to look at who you’ve called? Regardless, I believe at this time police can find out if a cellphone was involved in the accident and they can do things like subpoena your records around the time of the crash to support their investigation. This is appropriate. Giving them a blank card to access your records though, that’s just nonsensical and a violation of one’s right to privacy. Police don’t get the right to go through your personal life simply cause you caused an accident.

@dynamicduo:

Do Canada spec cars not come with a GPS option?

What difference does it make if the GPS device is in my dash or in my hand?

I’d definitely support such a law.

@Noel S Leitmotiv:

It makes a VERY big difference. I also would support this law 100%. If the device is in your hand, you have a tendency to hide it below the steering wheel, thus taking your eyes from the windshield/road and distracting you. This is human nature, especially since many towns/counties are continuing efforts to to stop distracted driving. Also, many companies that install in-dash GPS nav in new cars are considering limiting the options available to the driver when the car is in motion.

In-dash GPS manufacturers always recommend you set the destination BEFORE driving anywhere. It’s common sense if you ask me. And one more point, the GPS application on your phone is also recommended to be set before driving, as well as mounted in plain view.

That said, I think these laws make perfect sense. People seem to take for granted that driving is a privilege, and not a right. Adding all of this new technology to enhance the experience is neat, but it all comes with a level of responsibility. Driving can be fatal!

@dweechin:

I’d say it’s ideal to have ones phone mounted on the dash while driving. However, if handling a phone while driving is made illegal guess where the phone is going to end up.

My problem with the law is two fold: Most importantly I’m against yet even more interference in my life from the state. Secondly the officer has no way of knowing by observation what the motorist is doing with the phone in his or her hand.

I employ common sense while driving, including when I’m using some device or aide.

I use a handsfree or speakerphone when driving. If I sense that the call or the road situation is getting too intense I disconnect from one or the other. I do not see any reason why I should be punished just because others don’t do the same.

BTW, my iPhones navigation program allows me to set the trip before the drive as well.