New York law could allow roadside 'textalyzer' checks for distracted driving

Drivers in New York might soon be subject to on-the-spot analysis of their mobile phones to determine whether they were distracted by their devices in the run-up to accidents, if a proposed law passes the state legislature.

The bill would give police officers the authority to use so-called "textalyzers" to determine whether a phone was being used in the moments before an accident occurred. As noted by Ars Technica, those who refuse to consent to the search would face immediate suspension of their driving license.

One company developing such a textalyzer, Cellebrite — the same firm that helped the FBI crack the San Bernardino iPhone — says that their device would not gather personal data like contacts or photos in order to comply with the fourth amendment. Indeed, such a protection is included in the text of the bill:

No such electronic scan shall include the content or origin of any communication, game conducted, image or electronic data viewed on a mobile telephone or a portable electronic device.

Given that, it isn't clear exactly how the devices would determine if a phone was in use. One method may be to analyze the contents of the SIM card, though that would not shed light on how the device was used; that is, whether the driver was looking at it or using it through a hands-free system.

To make those determinations, investigators would need an additional warrant for a device search.

66 Comments

tallest skil 43086 comments · 14 Years

About 8 years ago

100% not Constitutional. I’d love to say that means it won’t happen, but of course it will.

lkrupp 10521 comments · 19 Years

No problem. If you refuse a breathalyzer test you get an immediate 90 suspension of your drivers license in many states. The police can also obtain a warrant, based on their trained observations, to force you to submit to a blood test. Driving is a privilege not a right. You have the Constitutional right to refuse a breathalyzer test and to refuse a textalyzer analysis. You do not have the right to drive an automobile. That’s a privilege extended to you by the state and you cannot claim your rights are being violated when that privilege is suspended. It’s your right to submit or not. This is perfectly Constitutional in my opinion.

Like drinking and driving, texting and driving has become a scourge on the public health. These laws come into being because stupid people do stupid and dangerous things.

Rosyna 87 comments · 8 Years

The Supreme Court ruled in 2014 that this was unconstitutional. Police need a specific warrant to search a phone.

No exceptions.

http://www.nytimes.com/2014/06/26/us/supreme-court-cellphones-search-privacy.html

tallest skil said:

100% not Constitutional. I’d love to say that means it won’t happen, but of course it will.

Are you saying you have a Constitutional right to drive an automobile? Courts have long ruled that you do not have such a right. You are perfectly free to refuse the proposed textalyzer test. You have that right. You just can’t drive a car for the next ninety days if you do.

lkrupp said:

tallest skil said:

100% not Constitutional. I’d love to say that means it won’t happen, but of course it will.

Are you saying you have a Constitutional right to drive an automobile? Courts have long ruled that you do not have such a right. You are perfectly free to refuse the proposed textalyzer test. You have that right. You just can’t drive a car for the next ninety days if you do.

You have a 4th Amendment right to not be searched in an unreasonable manner (this law violates that) and you have a 5th Amendment right to due process and protection from self-incrimination (this law violates that).

The fact driving is not a constitutional right doesn't trump your actual constitutional rights. And courts cannot punish you if you refuse to waive your constitutional rights.