According to the following article, new legislation would allow NJ police officers to check cell phones without a warrant, to determine if the driver was talking or texting at time of an accident.

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The legislation would require officers have "reasonable grounds" to believe the law is broken but even that, can be a very broad spectrum and would be based on the opinion of the officer at the scene.

There are pros and cons to this legislation, with both those in favor and those opposed, speaking out about the proposed bill.

Senator James Holzapfel, the bill's sponsor, when speaking about why this could be helpful to an officer on the scene said "He’s dispatched, and by the time he gets there — unless they’re unconscious and the phone is in their hands, or some passenger says they were on the phone — then he’s got to do what? Subpoena the service to see if the phone was actively used or not?"

While the American Civil Liberties Union of New Jersey was not as optimistic about the bill as Holzapfel, stating that the bill is, "likely susceptible to a constitutional challenge."

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