Driving while texting is both dangerous and unlawful, but is it also unlawful for law enforcement to determine if you were using your cell phone when an accident occurred? The New Jersey Supreme Court believes so and they have decided police cannot obtain tracking data from your cell phone without a warrant.
Prior to this decision, resident of the Garden State would automatically relinquish custody of their mobile devices after a motor-vehicle accident. Based on our Fourth Amendment, New Jersey legislators have concurred this is an unreasonable search and seizure for their citizens.
The ability to obtain a cell phone without a court-approved warrant will expectantly be challenged and ruled unconstitutional by the New Jersey Supreme Court, and some believe other states will respond similarly.
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