A controversial bill that would allow police to seize the cell phones and other types of electronic devices of those who use them while behind the wheel drew criticism at a legislative hearing today.
Both a defense lawyer and a police officer spoke against the proposal, saying it was unnecessary, ineffective and a potential invasion of privacy. They also predicted it would place an expensive burden on law enforcement and public defenders.
"The cell phone bill as written now certainly leaves a lot to be desired,'' said James Ruane, a criminal defense lawyer, told the legislature's Judiciary Committee. "And quite frankly, seizing something without a due process hearing would cause an administrative nightmare for the state.''
The measure would empower police officers to seize the phone or electronic device used by the driver and impound it for 48 hours.
Ruane said the bill is unneeded because the state already prohibits reckless driving. "I don't think it's continually necessary to add to our codiified laws in order to get every unique scenario,'' he said. Ruane noted that eating a banana while driving could be just as distracting as talking on a phone.
Moreover, many people keep sensitive and personal information on their smart phones and tablet computers. Attorneys, for instance, might have privileged information about clients, a doctor might have the medical records of his or her patients. Allowing police to seize the devices could create a "whole host of privacy issues,'' Ruane said.
