Uh Oh – Nevada Wants to Search Your Cellphone Without a Warrant

Governments are always looking for a reason to limit personal freedom.

A bill introduced by Nevada Assemblywoman Michelle Gorelow (D-Dist.35) would allow police to attach a device to a cell phone after an accident and pull down all sorts of info. Of course, the intent is to see if the person was texting causing the accident.

News 3 Las Vegas…

If approved, AB-200 would allow law enforcement agencies in Nevada to begin using a device known as a “textalyzer.”

A textalyzer would be attached to a motorist’s smartphone after a crash to determine if it was being used prior to the accident, and which apps or functions were being accessed by the driver.

Assemblywoman Gorelow believes her legislation would discourage texting while driving beyond existing laws, by allowing investigators to prove whether a motorist was distracted and caused a crash.

The measure, however, is getting strong pushback from critics, including the Nevada ACLU, on a number of fronts.

I know I’m having an interesting day when I agree with the ACLU of any chapter. Yet, they are spot on here.

Accidents happen for a number of reasons. Giving the police the ability to just attach a “textalyzer” to any phone and pull down information to see if THAT was the cause of the accident is not needed. In most cases, if alcohol is suspected there are tests that have to be given BEFORE a breathalyzer is used. In this case, with any accident, your info on your phone can be downloaded and saved putting that info in jeopardy.

The 4th Amendment to the Constitution is the guide on this.

The right of the people to be secure in their prsons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I know that accident investigations take time but the goal is to find out what exactly happened. If texting MIGHT be the cause then take the proper steps to document that. Skipping over the 4th Amendment to assign blame quicker and write a bigger ticket in some cases is not worth putting peoples’ info in jeopardy.

If your kids are playing on your phone or if you are streaming a podcast you could get dinged on something and blamed for an accident that is not your fault. While I understand the motive, this is just a bill looking for a cause and serves no good purpose.

Let’s not let every Genie out of the bottle by allowing anyone to access our info without proper cause.

This is a bad bill for Nevada and the good ole U.S.A. Stop it in its tracks there and everywhere.

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