Should NH authorize police to check if a driver's cellphone was being used at the time of an accident?

The New York Legislature is considering a law that would allow police to use so-called ‘Textalyzer’ technology which enables access to time and date stamps on calls, text messages, and other mobile use without accessing a user’s personal content. Law enforcement officials would be empowered to use the device on drivers’ phones after car accidents without a warrant.

The system is currently being developed by mobile forensics firm Cellebrite, who insist it will not violate personal privacy, recording usage information without accessing personal data such as images or the content of text messages. The cost of the technology has not been determined.

The bill is aimed at assisting officers in determining the cause of an accident. There is currently no similar legislative effort in New Hampshire.

Attempts at related legislation, which would have allowed police to seize and manually check drivers’ phones, have failed in several states.

Supporters argue that the law would help deter drivers from using mobile devices while operating a vehicle, comparing it to the intensification of tests and penalties for drunk driving. They note that the technology means that the privacy of drivers’ communications or other content on their phones would not be compromised.

Opponents counter that the move represents a violation of Fourth Amendment rights, insisting that officers should acquire a warrant before accessing any data on a person’s mobile device. They also express concern that the law would open the door to more invasive allowances, such as checking phones during routine traffic stops.