A study by Eerie Insurance last year showed that a third of all drivers have sent a text while driving, and the latest statistics from the National Safety Council show that in 2013, “a minimum of  27% of crashes involve drivers talking and texting.”

Given those statistics, it is understandable that legislatures might try something different to reduce texting while driving. New York is considering  legislation that would require drivers involved in accidents to turn over their cellphones to the police for roadside evaluation of whether the phone was in use at the time of the crash. The catalyst for the pending measure is the family of a man whose son was killed in a 2011 crash caused by a distracted driver.

While the idea is novel, there are those who question whether the legislation would  be constitutional under the Fourth Amendment?

Read more here.