texting, driving, and the police

There’s been an interesting development here in Michigan in regard to texting while driving. There are bills in the legislature that, with the urging of many police departments, would make texting while driving a primary offense; meaning that the police could pull over any motorist if they suspect they are texting. Does anyone else see the potential for abuse here? It’s the same old dodge they have been using for years, similar to “you have a burnt out taillight” or a similar car has been used in a crime, that has led many overzealous officials down the path of gutting the 4th amendments protections against illegal search. Fortunately, at least at this early date, there will still be a requirement to get a warrant to actually look at the device in question. But a police chief quoted in today’s “Detroit News” has said that his officers will be instructed to ask to look at every phone and I fear that most people will not know that it is their right to refuse. Now, don’t get me wrong, being a police officer is many times a thankless, dangerous job, and I support them when they follow the rules like you and I have to, and I agree distracted driving is a problem that needs to be solved. But to give the police the power to pull over any motorist that they suspect may be texting (how about all Fords that have Sync installed) is too large of an intrusion given that the number of accidents in most of the country are declining. Just my opinion…

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