Abstract
Discusses issues involving texting while driving, focusing on legal and privacy concerns. The majority of states have laws intended to combat distracted driving, but some laws cause concerns for privacy advocates. In January 2016, Vermont representative Martin LaLonde introduced a bill that would allow officers to search a driver’s phone during routine traffic stops to see if it was being used. The same purported technology used by companies like Cellebrite to unlock the terrorist’s iPhone 5C without Apple’s help for the FBI’s investigation would be deployed to law enforcement on the roads. The technology available would essentially create a warrantless investigation that any police officer could carry out on site. Given previous federal court decisions, it is highly unlikely that the bill would pass Constitutional muster if enacted. The Fourth Amendment prohibits unreasonable search and seizure of “persons, houses, papers and effects.” Sure enough, in October 2013, the U.S. Supreme Court ruled that authorities cannot search cellphones or smartphones without a warrant.
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