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New York seeking to pass legislation allowing cops to download contents of your Smartphone as a requirement to drive

New York seeking to pass legislation allowing cops to download contents of your Smartphone as a requirement to drive

As the 4th Amendment continues to disappear into the annals of history for most Americans, the number of laws being passed at both the state and Federal levels to search and seize your property without consent is growing.  And in a new law being pushed forth by the state legislature of New York, the police will soon have the power and authority to confiscate and download all of your data kept on your Smartphone as a prerequisite to being allowed to drive a motor vehicle in the state.

“Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”

That’s language from the text of a bill currently working its way through the New York state legislature. The legislation would allow cops to search through drivers’ cell phones following traffic incidents — even minor fender-benders — to determine if the person was using their phone while behind the wheel.

Most states have laws banning the use of mobile devices while driving, though such laws are rarely enforced. This is largely because it’s nearly impossible to catch someone in the act. What person would admit to an officer that they broke the law, the argument goes, particularly when it’s after the fact? After all, cops don’t show up until after the accident occurs.

Now, technology exists that would give police the power to plug drivers’ phones into tablet-like devices — being called “textalyzers” in the media — that tell officers exactly what they were doing on their phone and exactly when they were doing it. And if the readout shows a driver was texting while driving, for instance, the legal system will have an additional way to fine them.

“Recording your every click, tap or swipe, it would even know what apps you were using. Police officers could download the data, right on the spot,” Jeff Rossen of NBC News said in a video report on the technology. – The Anti Media

The ideological wars on drugs and terror have allowed the government to bypass longstanding rights promised to the people through the Constitution and in many other instances, such as with automated speed cameras, the state has skirted privacy rights by not even having a live officer present to dole out traffic citations.

With countries like Canada and the UK issuing court rulings and legislation to monitor and remove websites they deem as harmful or illegal without due process on the world wide web, there are very few places left where one is protected from illegal search and seizures here in the Western world.  And perhaps it is no wonder that more and more of the younger generation are not even bothering to buy a car for personal use, when it much easier not to have to deal with the aggravation of unknowingly committing some new crime which could see your money or your personal belongings confiscated for no reason.

Kenneth Schortgen Jr is a writer for The Daily Economist,,, and Viral Liberty, and hosts the popular youtube podcast on Mondays, Wednesdays and Fridays. Ken can also be heard Wednesday afternoons giving an weekly economic report on the Angel Clark radio show.



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